QUESTION

Can I sue a CA company for Age discrimination dismissal and for payment of owed Sales Commissions?

Asked on Apr 11th, 2014 on Labor and Employment - New York
More details to this question:
SWF, age 59 dismissed without warning after 7.5 years from Sales position and replaced with young male. Salary was base + commissions with No employment contract. Sales commissions would be owed on sales concluded before dismissal. Work place is New York with less than 7 employees.. Corporate headquarters is CA.
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1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
4 Awards
Although your NY office may only have 7 employees, if the Corp office in CA is the same corporation you work for in NY, (and not a subsidiary) then you may still be protected by federal age dsicrimination laws.  You should also look at your state, city or county where the office is located to see if have an agency that handles discriimination claims.  These agencies typically require only a few employees to have jurisdiction.  An employment lawyer in your area would know about these agencies. As to commissions, your contract or payment agreement will control your right to commissions.  If there is no such written agreement, then you would be entitled to this by state law if you did all you had to do and closed the sale before the termination.  The agreement, if there is one, would talk about when commissions are earned, and when they are payable.  The date the commission is earned is the key date
Answered on Apr 11th, 2014 at 2:18 PM

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