Home Q&A Forum Can a sales commission agreement be enforced if it was not signed by both parties?

Employee Rights

Sales Commission Agreement

California

Asked on Sep 10, 2024

Can a sales commission agreement be enforced if it was not signed by both parties?

I work as a sales representative for a company and recently discovered that my commission structure was changed without my knowledge or consent. I was never given a new sales commission agreement to sign, and the changes were only communicated to me verbally. I have been receiving reduced commission payments for the past few months, and I am wondering if the original commission agreement can still be enforced even though it was not signed by both parties, or if the verbal changes are legally binding.

Answers from 1 Lawyer

Answer

Employee Rights

California

Answered 569 days ago

Hello! I'm sorry for your situation. Generally, an agreement can be enforced by the actions of the parties, by written agreement, or by oral agreement. Hello! I'm sorry for your situation. Generally, an agreement can be enforced by the actions of the parties, by a written agreement, or by oral agreement. In your case, you mentioned that the changes were communicated to you verbally. Assuming that the agreement you had was not for some fixed term and did not require advanced written notice, changes to the agreement are generally going to be legally allowed. The best thing to do is to check your original agreement to see if it was for a fixed term or if changes needed specific procedures (e.g., written notice). Happy trails!

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i work for a employer from illinois ,however i am in california. My contract has non compete clause. will that be enforceable

My employer has placed me in a position thru another vendor. My employer contract with that vendor is ending. So vendor contacted me. However I am in contract with my employer for 1 year contract.

View Christopher M.

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Christopher M.

Answered Sep 13, 2022

Short answer: Probably no, non-compete and non-solicitation clauses are not usually enforceable on an employee in California. Long Answer: Regardless of the choice of law provision in your contract, if an enforcement action is brought against you in California, the California courts will dismiss it as it goes against the "public policy of the state" unless your employer can make a really compelling case. Most states respect the stated public policy of other states when deciding matters against their citizens, so even if the case was brought in another states courts your soon to be former employer would probably be powerless to get a judgement enforcing your non-compete.

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There is no requirement under California law that a company pay severance to a terminated employee. Your severance pay will be controlled by either your employment agreement or employee handbook. However there are certain things, like paying you your final paycheck immediately that your company will be required to do under California law.

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No, not required and generally should be treated with caution. How can I help?

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Hello! I'm so sorry this is happening to you. Generally, if you have a contract (the handbook or policy), then you are bound to those terms. If the employer changes the terms, they are allowed to; however, they need to give you some notice of the change in those specific terms in advance. This means that they should give you notice equal to the time between pay periods (e.g. two weeks). If they make a change, then it's not technically enforceable until you get proper notice. The notice does not need to be in writing. Good luck! Dolan

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Can an employer change an employee's hourly wage without prior notice or agreement?

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Dolan W.

Answered Oct 18, 2024

Hello! I'm so sorry this happened. So the short answer is no. Legally, they have to let you know that there was going to be a change in the terms of your agreement. You have a few options: 1. You can send a template demand letter, stating this is a breach of your agreement - https://www.contractscounsel.com/t/document-form-checkout/256 2. You can contact the state department of labor and file a wage claim. Best of luck! Dolan

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Can a sales commission agreement be enforced if it was not signed by both parties?

Answers from 1 Lawyer

Dolan W.

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