Quitting a Sales Job - Commission Question

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OVerLoRDI

Diamond Member
Jan 22, 2006
5,494
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Some of you might know, I've been working a tech consulting type gig for almost 2 years now. I'm going to be receiving an offer tomorrow for a better job (money, benefits, company culture, etc) with a start date of May 12th.

I had a very good Q1 and I'd like to keep as much of that commission as possible in the transition. Commissions are paid on the 1st in addition to half base salary (base is paid bi-monthly)

If I quit, are there any legal rights I have to claim my commissions or do I forfeit it when I quit? The company commission policy is vague and I can't find too much about it in California employment laws, granted I'm not exactly an expert or know where to look.

I'm thinking my best course of action is to take the offer, then put in my notice immediately after the next payroll run, which would be early next week.

Anyone have some experience in this matter?
 

rudeguy

Lifer
Dec 27, 2001
47,371
14
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Normally you get paid for any business wrote. They still owe you that pay even if you quit.

My last job was roughly a month behind in commissions. I kept getting checks for a couple months after I left.

What are your commission cycles? Ideally you want to leave at the end of a comm cycle.
 

cheezy321

Diamond Member
Dec 31, 2003
6,218
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Good question. A friend (ex-co worker) of mine quit this job and I believe he got paid out for the rest of the month. Our goals are quarterly but our commissions are paid out each month.
 

rudeguy

Lifer
Dec 27, 2001
47,371
14
61
Let me explain it a bit clearer:

If commissions are calculated from the 1st to the 31st and paid on the 15th but you quit on the 14th, you would get that commission check and one more.

I worked commissioned jobs for 14 years and changed jobs more than a few times.
 

djnsmith7

Platinum Member
Apr 13, 2004
2,612
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I can't speak to the legality, but I've been paid my commissions from previous jobs when I left.
 

OVerLoRDI

Diamond Member
Jan 22, 2006
5,494
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rudeguy. Commission cycles are the 15th of the month (varies depending on weekends). So all customers that have paid their bills, I have then "earned" that commission in the company's eyes. My current plan is to put my notice in the moment I receive my May 1 direct deposit of salary + commissions (so 4/29-4/30)

Thanks CPA. So it sounds like my big government accounts that might be paying after I put in my notice, I'd still be owed the commission up to 30 days after I quit. So as long as the customer pays the company before, the last few days of May, I would be owed that money, correct? Or is it only if my commission policies had a 30 day clause like the case? My company is the type that would do everything in their power to not pay me for the work I have done, so I'm try to maximize my commission payout during the transition.
 
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