If your paycheck misses commissions you earned, take action. In California, the law protects your right to collect unpaid commissions from your employer. By following a clear process, you can recover the money you worked for.
Understand how commissions are defined
California law treats commissions as a form of wages. If your employer agrees to pay commissions based on sales or other measurable goals, that money becomes yours once you complete the work. The agreement must appear in writing and clearly explain how and when you earn commissions. If your employer delays payment or changes the terms without a new agreement, that breaks wage laws.
Check your commission agreement
Start by reviewing your commission plan. This document lays out the conditions for earning commissions. Look for payment timelines, quotas, and whether commissions depend on invoicing or customer payment. If your employer promised commissions verbally or changed the terms without a new written agreement, that violates California law. All commission-based employees must receive written agreements.
Gather proof of your earnings
Keep your sales records, emails, commission reports, and pay stubs organized. These documents show how much you earned and how much remains unpaid. Also, track the dates when you should have received payment. If your employer fired you, California law requires them to pay all earned commissions immediately or within 72 hours.
Take action to recover unpaid commissions
File a wage claim with the California Labor Commissioner’s Office. Use your commission agreement, evidence, and payment timeline to support your case. You may also qualify for waiting time penalties and interest. California courts often side with employees when the commission terms are clear and documented, ordering the employer to pay the commissions.