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Nebula

Nebula

Beginner (33)

Nebula answer was awarded and will earn ongoing royalties from this thread.

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Submitted 70 days ago...

Michaelt42

Michaelt42

New User (6)

I am a salary puls commission employee, can my boss take my commission away from me that I have already earned.

I made a mistake ant work, but according to our employee hand book I was with in our limits. My boss said for punishment that he is taking my commission away including the commission that I have already made.

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Answer 1 / 1 - Submitted 70 days ago...

Nebula

Nebula

Beginner (33)

If you have a agreement that you are paid a salary plus commission and the work has already
been performed so that you have earned the commission then no, your employer cannot deny your
commission. It sounds like the employer is confusing "commission" with an "incentive". If you made a mistake the employer should formally counsel you, not refuse to pay what you have earned.

Check your employment contract, specifially your explanation of pay to see if there is a salary plus commission clause in your contract.

You can read some examples of commission law suits here http://www.ecouncil.org/commissions.htm

 

This Question was awarded 70 days ago therefore you can no longer post an Answer. However you may post a comment below.

 
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Comment 1 / 9 - Submitted 70 days ago...

Michaelt42

Michaelt42

New User (6)

I do need to check my local laws though correct, but this was right to the point and was answered.

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Comment 2 / 9 - Submitted 70 days ago...

Clandestine1

Clandestine1

Authority (444)

Dang Nebula! That is a very GOOD, clear answer. Impressed.

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Comment 3 / 9 - Submitted 70 days ago...

Michaelt42

Michaelt42

New User (6)

Yes Clandestine1 I was impressed with the answer too.

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Comment 4 / 9 - Submitted 70 days ago...

SRDEsq

SRDEsq

Brain (3,690)

By federal law, once money has been earned, it cannot be withheld. Future comminssions can be withdrawn or you can suffer a cut in pay, but regardless whether it is incentive, comission, piece work, or straight wages, once earned it belongs, by federal law , to the employee.
You can file a state department of labor complaint for withholding wages as all states enforce federal wage and hour laws.
There are some straight commission sales jobs that if the eal falls through or the car is reurned you lose you commission but this does not sound liek those type of employment contracts

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Comment 5 / 9 - Submitted 70 days ago...

Michaelt42

Michaelt42

New User (6)

And would that mean that is the same as a PO? and quotes that I still have out? would that fall under the same as being earned? Some of the PO's have not been paid yet and I do have quotes still out there with my customers.

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Comment 6 / 9 - Submitted 70 days ago...

SRDEsq

SRDEsq

Brain (3,690)

I do not know what a PO is ( ifeel silly) is it purchase order?
If the deal is doen, paid for, then you have earned you maoney. are you subject to returns being deducted. it would help if we knew what you sold.

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Comment 7 / 9 - Submitted 70 days ago...

Michaelt42

Michaelt42

New User (6)

Yes a PO is a purchase order, it is a promise of payment and we also get contracts from the customers as well. I work in the Nuclear Industry and sell them product such as electronics and shielding. Nuk plants have what is called fitness for duty and are subject to random drug and alcohol tests. In our manule it states that we can not show up to work with any BAC over a .04, twice I have came to work with BAC of .02 and a .018, this is what he has based taking my commission away from me.

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Comment 8 / 9 - Submitted 70 days ago...

Michaelt42

Michaelt42

New User (6)

On top of that I was suspended for 2 weeks with out pay.

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Comment 9 / 9 - Submitted 70 days ago...

SRDEsq

SRDEsq

Brain (3,690)

It is my opinion that they cannot "punish" an employee by taking their money they already earned. I think you have a valid complaint with your state labor commission.

Imagine if that were true, half the peopel would not have paychecks.

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