Home – Unpaid Commissions
You Closed the Deal. You Earned the Cut.
Sales professionals and commission-based workers are the financial engines of their companies. But when it’s time to pay out, some employers suddenly change the math, move the goalposts, or withhold your earnings entirely. In California, earned commissions are legally protected wages. We help workers fight back and recover the money they generated. A California unpaid commissions lawyer can review your commission agreement, sales records, compensation plan, and payment history to determine whether earned commissions were improperly withheld. The Ghol Firm represents California workers in commission and related wage disputes.
Commission disputes rarely happen when business is bad—they happen when you succeed. Employers often hide behind confusing formulas, sudden policy changes, or vague contracts to keep your hard-earned money. Some even fire top performers right before a massive pay-out just to avoid writing the check. In California, this isn't just bad business—it's illegal wage theft. If your employer is playing games with your pay-out, it’s time to level the playing field. A California unpaid commissions attorney can evaluate whether an employer changed commission terms, denied an earned pay-out, made improper deductions, or terminated employment to avoid paying compensation that had already been earned.
Lowering your commission rate or shifting quotas after you have already closed the sale.
Terminating your employment right before a deal closes or a bonus triggers to avoid paying you.
Operating without the clear, signed commission plan that California law legally requires.
Subtracting overhead, cash shortages, or customer mistakes directly from your earned payout.
Moving the goalposts mid-cycle to make it impossible for you to hit your commission tiers.
Refusing to pay commissions on recurring revenue or renewals that you originally secured.
Commission structures are notoriously complex on purpose. Employers hide behind confusing language, hoping you won't have the time or energy to fight for the discrepancy.
That is why this work matters.
At The Ghol Firm, we cut through the corporate double-talk. We analyze the contracts, review the sales logs, and demand that your employer honors the deal you made.
“A commission isn’t a gift or a favor from your boss. It is a wage that you earned through your own hard work. If they refuse to pay it, we step in and force them to.” — Avi Gholian, Founding Attorney
We work on a contingency basis. We only get paid when we successfully recover your unpaid commissions.
We understand the intersection of California contract law and labor codes to build an airtight case for your recovery.
We speak the language of business. Often, exposing a clear breach of a commission agreement is enough to force a swift payout.
You do not need to figure this out alone. We keep the process clear, explain what matters, and help you understand what comes next.
No high-pressure sales. Just an honest talk about your situation and how we can help.
We listen to how your commission structure was supposed to work and where the employer broke their promise.
We examine your employment contract, commission agreement, sales logs, emails, and final paychecks.
We calculate exactly what you are owed, factoring in unpaid commissions, late payment penalties, and potential interest.
Whether through a demand letter, a wage claim with the state, or aggressive litigation, we fight to get your money.
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You brought in the revenue; you deserve the reward. Contact us today for a free, confidential consultation. We fight for your rights on a contingency basis—you pay nothing unless we win.
A commission is legally “earned” when the conditions laid out in your commission agreement have been met. For example, if your contract says you earn the commission when the client signs the contract or when the client makes their first payment, that is when the money legally becomes your wage. Once it is earned, your employer cannot take it back.
Yes. Under California law, if your pay involves commissions, your employer must provide a written contract that sets forth the method by which the commissions will be computed and paid. You must sign the agreement, and they must give you a copy. If they failed to do this, they have already violated state labor laws.
If you have already “earned” the commission before your employment ends, it must be paid to you in your final paycheck (or immediately when it can be reasonably calculated). An employer cannot use a “you must be employed here on the payout date to receive your commission” clause to steal money you already generated.
Absolutely not. An employer can change a commission rate for future sales, provided they give you notice. However, they cannot retroactively change your commission structure for work you have already completed or deals you have already closed.
Generally, no. In California, employers cannot deduct standard business expenses, cash shortages, or a customer’s failure to pay from your earned commissions unless it is explicitly and legally outlined as a “chargeback” in your signed agreement—and even then, strict rules apply.
It depends on the type of bonus. A “discretionary bonus” (like a random holiday bonus your boss decides to give out) is not a protected wage. However, a “nondiscretionary bonus” (a bonus tied to a specific metric, like hitting a sales goal or producing a certain amount of units) is treated like a wage under California law and must be paid if you hit the requirements.
No. Because California categorizes earned commissions as wages, demanding your unpaid commission is a protected legal right. If your employer fires you, demotes you, or cuts your territory because you asked for the money you are owed, you can sue them for workplace retaliation and wrongful termination.