A Guide to Sales Commission Issues

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Under California law, in some situations, a Court will make a determination that a clause in a commissions contract cannot be enforced, and the Court will "strike it" from a commissions contract. In California law, this is called the doctrine of "unconscionability." I have seen unconscionability claims arise when the commission plan requires an employee's current employment as a condition for payment of an earned commission.

Under this doctrine, the employer must somehow force the offensive commissions clause on the employee by either surprise or requiring the noxious term on a "take-it-or-leave-it" basis. Moreover, the court must find that the term “shock the conscience” or is commercially unreasonable.

In California, this is a cutting edge area of law. Some states, such as Texas, will enforce any contract no matter the circumstances of making the contract. The doctrine of unconscionability is difficult and emphasizes the need for a qualified lawyer for in a commission case.

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Harris & Kaufman is a California law firm that's dedicated to representing employees in disputes against their employers regarding California State sales commission issues. Our lawyers can assist you if you believe that your employer has broken the California Labor Laws.

Our employment attorneys are experienced and have had numerous trials, arbitrations, and appeals and have litigated on behalf of thousands of employees.

Harris & Kaufman has represented workers in state and federal court and in administrative proceedings before the California Labor Commissioner. Determined and aggressive, our cases include individual disputes and class action lawsuits.

We can assist you with a wide variety of workplace disputes to do with the California harassment laws. We are aggressive and experienced lawyers and can help enforce your rights under California state law or state regulations. Based in Sherman Oaks, California we serve greater Los Angeles, Orange County, Ventura County and have cases statewide.

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