Legal Question in Business Law in Georgia

Final payment from employer

I recently left my sales job (base pay plus commission). The employer deducted previously paid commission out of my last check for pending jobs that are still active. My 58 hour check ended up being $28. 2 other employees left and this did not happen to them, even though they had pending jobs as well


Asked on 5/04/09, 3:11 pm

1 Answer from Attorneys
Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Re: Final payment from employer

The employer's right to make such deductions would be governed by its commission plan and/or any practice it has established for determining when commissions are considered "earned." To adequately advise you, I would need to see any written policies re: your commission plan and to discuss the employer's past practices with you in greater detail. If you can show that the company applied its commission policy differently to others, that may help you to demonstrate that either: (a) no consistent policy existed; or (b) it unlawfully discriminated against you based on your membership in a protected class. You should consult with an attorney, such as myself, specializing in labor and employment law in Georgia.

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Answered on 5/04/09, 3:28 pm


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