Legal Question in Business Law in Arizona

Can my boss keep my commision?

I sell candles for a distributor in a small town of less than 5,000 people. There are maybe 10 employees under the distributor. The business is selling candles for a big candle company in Arizona. Demonstrators sell candles and make 17%commision in money, and 10% commission in candle credit. My boss put expiration dates on our candle credits. I turned mine in 3 days after the expiration date. She did not honor it. Can she keep my $70.00 worth of candles that I earned?


Asked on 2/07/03, 9:59 am

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Can my boss keep my commision?

If your agreement with your boss included a provision for expiration dates on candle credits, you're bound by them. However, you say your boss "put" expiration dates on the credits. If your boss did so unilaterally, that condition may not be binding. Read the contract and feel free to email me directly if you have any questions.

Regards,

Ben

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Answered on 2/07/03, 1:14 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Can my boss keep my commision?

probably not...you seemingly would at least be entitled to the reasonable value of your sales services rendered on these candles under a theory known as "unjust enrichment" of your employer on your sales, if you somehow are unable to recover under your commissions contract.

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Answered on 2/07/03, 1:37 pm


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