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Earned commissions are wages and are due at separation like any other wage; a commission is earned when all conditions for entitlement are satisfied, even if the payment date falls later.
Employers usually argue the commission was not "earned" yet. The answer is in the plan's own words: if every condition the plan sets had been satisfied before you left, the timing clause moves the payment date, it does not erase the debt.
A demand letter fixes three things at once: the amount, the date each item was due, and the date the employer was on notice. Every forum that can help you — the California Labor Commissioner's Office (DIR), a small claims judge — starts from those three facts. The letter is built from Cal. Lab. Code §§ 201, 202, 203; § 227.3 (vacation); § 200 (wages) and your own figures, so the deadline it states is the one that applies to your separation, not a generic thirty days.
If the amount fits inside $12,500, small claims court is usually faster than an agency queue; if it does not, the agency route and a demand first is the cheaper path.
Earned commissions are wages and are due at separation like any other wage; a commission is earned when all conditions for entitlement are satisfied, even if the payment date falls later.
A clause that forfeits commissions already earned is the clause most often struck down when challenged. The employer can usually set the timing of payment; it is much harder for it to keep money the plan says you earned.
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Reviewed 2026-11-03 against the sources listed on the California page. This is a self-help document tool, not legal advice, and no outcome is guaranteed.