FREE CONSULTATIONS:
415.925.5161
Are There Specific Documents or Records Required to Prove Unpaid Commissions?
While it is advantageous to possess records supporting your claim, you are not required to provide all the documents necessary to prove your unpaid commission claims. In many instances these will not be available to you, particularly if your employment has terminated.
In a legal action, an employee claiming unpaid commissions can “discover” all relevant documents in the possession of the employer that reasonably relate to the commission dispute. After filing a court claim, your employment attorney can draft a document request, or in some instances it may be possible to obtain the documents informally before filing any lawsuit.
Below are the key pieces of evidence that can help establish your claim for unpaid commissions:
- Employment contract or commission agreement: This crucial document outlines the terms and conditions of the commission structure, including commission rates. It specifies how commissions are earned and calculated, as well as when they are paid.
- Pay stubs and wage statements: These documents can show the commissions that were paid and can help identify any discrepancies between what was earned and what was paid.
- Sales records: Documentation of sales made, such as invoices, purchase orders or sales receipts, can help verify the commissionable transactions. They can serve as evidence of your sales or performance metrics that would typically determine commission payouts.
- Commission statements: These are typically provided by the employer and detail the commissions earned for a specific period. Comparing these with sales records can help verify accuracy.
- Emails and correspondence: Any communication between the worker and employer regarding commissions can provide context and evidence of the agreed-upon terms and any disputes.
- Company policies and employee handbook: These documents may contain information about the company’s commission policies and procedures, which can support your claim.
Not all of the above documents and records may be necessary in every situation. However, they may strengthen your case if you need to file a claim for unpaid commissions. Of course you also need to be aware of applicable laws and your employer’s policies regarding any documents that may contain sensitive, confidential or trade secret information. If you have questions, an experienced lawyer can assist you.
McCormack Law Firm is dedicated to helping workers recover their unpaid commissions. Our San Francisco employment attorneys are available to answer your questions and walk through your options for getting the wages you are owed. Contact us today for a free consultation.
Other Unpaid Wage, Overtime and Commissions FAQ:
- Am I entitled to meal breaks and rest breaks if I am working remotely?
- Are computer programmers and tech workers exempt from overtime?
- Are There Specific Documents or Records Required to Prove Unpaid Commissions?
- Can an employer disclose my immigration status if I file a claim for unpaid wages?
- Can I get fired for claiming overtime pay?
- Can I Take Legal Action Against My Employer For Unpaid Commissions?
- Can my employer change my commission plan or withhold commissions?
- Can my employer fire me for filing a wage claim?
- Can My Employer Withhold Commissions If I Resign or I’m Terminated?
- Can salaried workers earn overtime in California?
- Do I still get overtime if I am a commissioned salesperson?
- Does my employer have to pay me for off-the-clock work?
- Does my employer have to reimburse me for work expenses?
- How can a lawyer help with my claim for unpaid wages?
- How can I protect myself from wage theft?
- How can I tell if I am an independent contractor?
- How do I file a claim for unpaid wages?
- How do I know if I am entitled to overtime pay?
- How do I know if my employer needs to pay me overtime?
- How is overtime pay calculated in California?
- How Long Does My Employer Have to Pay Me My Commissions After They’re Due?
- How much time do I have to file a wage claim in California?
- How much time do I have to file an overtime claim?
- If I receive a salary, am I exempt from overtime?
- If my employment is terminated, is my employer still required to pay me my commissions?
- Is my employer allowed to deduct anything from my paycheck?
- Is my employer allowed to deduct tips from my paycheck?
- Is my employer allowed to withhold my final wages after firing me?
- Is my employer required to pay for my meal break and rest breaks?
- My employer is forcing me to work through meal breaks. What should I do?
- What Are My Rights Regarding My Final Paycheck Once I Quit My Job?
- What are some examples of wage theft?
- What are the main differences between an independent contractor and an employee?
- What Are Unpaid Commissions in California?
- What is an exempt and non-exempt employee?
- What Is Not Considered A Commission?
- What is the minimum wage in California?
- What should I do if I suspect my employer is withholding wages?
- What should I do if my boss asks me to work off the clock?
- What types of damages can I get in a wage claim against my employer?
Practice Areas
Schedule your free consultation today: 415.925.5161
Client testimonials
This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
SEEN ON
