Los Angeles employee returns from a pre-approved vacation only to get fired and denied months of earned bonuses and commissions after boss claims they're "discretionary"

Advertisement
Frustrated employee calling her former workplace after being denied months of earned commissions.
Hello everybody, I hope you are doing well . I was recently fired from a State Farm insurance agency. Long story short, I took a trip that my boss had previously approved. A few days before the trip, he told me I couldn't go anymore, even though everything
had already been paid for, and said he would fire me if I went. I've heard from people that this could be wrongful termination, but whatever to be honest, right now I just want to figure out if I can get the money I'm owed.
via Ok_Signature943
I get paid every 5th and 20th of the month. My check on the 5th includes my hourly pay from the 16th-31st, plus my commissions for the whole month. My check on the 20th is purely my hourly pay from the 1st-15th.
via Ok_Signature943
I was fired on August 9th and was told to come in the next day to pick up my final check. After getting the check, I realized it only included my hourly pay. I asked my boss where my commissions
via Ok_Signature943
and bonus were, and he told me I would have to wait until September 5th to receive them. This all happened on August 10th.
via Ok_Signature943
September 5th came around. Normally, I would see my check on ADP and then go pick it up in person. Turns out I'm not getting a check because, according to my boss, commissions + bonuses are
via Ok_Signature943
"discretionary," so he doesn't have to pay them to me. That simply can't be true, right? I thought discretionary meant it was purely out of the blue, like a random bonus or something similar. This wasn't like that at all. Everything
via Ok_Signature943
was performance/metric based. For example, my commissions have set goals based on cars, life + auto, etc. I sold a good amount before being fired, and I also had big policies carry over that issued during this pay period, so it's a lot of money.
via Ok_Signature943
Former employee checking payment information after learning that performance-based commissions are being withheld.
My bonus dates all the way back to April. We had a health promotion where, if we sold a certain amount, we would get $50 per health policy. We usually have to wait a few months for all the policies to be issued and good to
via Ok_Signature943
go before we get paid. This month was THE month we were supposed to get paid, and my former coworkers told me they received their bonuses a few days ago as well.
via Ok_Signature943
I know this is a lot, but if somebody could please help me figure this out, I would really appreciate it. It's a lot of money that I'm not being paid, and I want to know what my rights are and be
via Ok_Signature943
able to respond to my former boss if he claims these commissions and bonuses are "discretionary" when they were based on specific sales goals and performance.
via Ok_Signature943
Los Angeles employee working on a laptop after being fired and discovering that her commissions and bonuses may not be included in her final pay.
Clubhouse9 Just file a claim with the California Labor Board. They will sort it out, if the employer is legally obligated to pay, the labor board will compel them.
via Ok_Signature943
ORider In California they owe you any bonuses/commissions you earned. Open a case with the California labor board
via Ok_Signature943
G1431c I think another point if you might hit a small jackpot bc if you show them his texts as evidence of his reasoning, he will be punished.
via Ok_Signature943
aricelle You can file a wage claim directly with the California Dept of Labor. Do make sure to include all documentation that you have. They would make a determination on if the bonus was discretionary or not.
via Ok_Signature943
KeeperOfWhispers I am NAL. I second the advice to file a claim. You can file a claim with the California Labor Commission online. And, if the company is found to have been withholding final wages, they may owe you a per day penalty for up to 30 days. My understanding is that in California commission is not considered discretionary.
via Ok_Signature943

Tags

Scroll Down For The Next Article