Legal Question in Employment Law in Arkansas
Salaried Employee Pay Docked
I work for an employer whom has several companies he runs. I was put in charge of one of them after being hired as a broker after only 4 months. I turned the company around and was making a good profit, until January of this year after I hired a salesman and he did not produce, yet we were paying him a salary. So the company I was running for my boss noticed that we were running in the red the last few months and decided that he was atleast going to get something out of this company so he started charing me rent for my office space, a monthly phone bill, monthly dues, and an advertising fee, for his ad in the phone book. And has refused to sign any commision request for me, when I obtain the goals I was set to to. And just last week he docked my salary paycheck because he said the company was short $33.45 last month and I needed to make up for it. What should I do about this?
2 Answers from Attorneys
Re: Salaried Employee Pay Docked
The first question to sort out is whether legally you are an independent contractor or an employee. There are several factors to consider and every case is different. Your "employer's" duties and obligations to you will change depending on what status you legally fall into. One question, do you get a W-2 or a 1099 at the end of the year? I would need to spend some time with you to discuss your sitation and see what your options might be, however it is my opinion that you do have rights in this circumstance and you should pursue them. Please contact me if I can be of further assistance to you.
Re: Salaried Employee Pay Docked
Do you have an employment contract with him? Are you considered self-employed or an actual employee of the company? If you're not sure, we would need to determine that first. It is possible that you have some rights that you can assert in this matter, but more information is needed.