Title: Exempt commission Sales
Main office is in Fresno, Ca 120 miles one way from where I live. I was previously a contractor but company made me an employee last year (non wages) commission only for sales made in my area. New stipulated requirement was for me to drive to Fresno twice a month.
I can not afford to do that, and When I am there they have been expecting me to train new people with my knowledge and sales skills.
I went to the meeting once and was able to pick up needed supplies they supply while at office, however I was unable to attend another meeting this day because I had to assist with an installation of product sold and met installer at customer home.
Employer called me since I didn’t show up to sales meeting and terminated me. I am not pain an hourly wage while I am there, in fact I lose a day of selling. Also I own a 2004 vehicle that has several miles on it and I can’t afford to drive back and forth.
Is this company allowed to make this meetings x2 a week so far away mandatory without even paying me wages? I never signed anything that i would attend meetings in any recent agreement after their new change.
Hi Baker,
Thank you for your submission. To fully answer your question, I would need a lot more information. For example, answers to the following questions could be important to your case:
- Does your employer designate your sales area as being 120 miles away from their main office? Or is that where you choose to live?
- Does your employer have a local office near where you work?
- Have you ever tried to request compensation for your driving time and mileage?
- Are you over the age of 18?
- How much of your work time is dedicated to sales vs. non-sales activities? How much of your time is dedicated to training employees, attending meetings, or installing products?
- How much control does your employer exercise over your daily activities?
Each of these questions would help let me know the exact scope of your rights, and whether you are entitled to reimbursement. This Q&A section is generally reserved for quick and easy questions. But your case involves a somewhat complex fact-specific inquiry that requires a much more detailed analysis.
There is a strong chance that you had your rights violated, but there is really no way for me to definitively tell you whether that is the case. My best advice would be for you to consult with an employment attorney in your area.
I know this answer is very inconclusive by I hope it helps nonetheless. Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!