Legal Question in Employment Law in California
Commission compensation
I work on commission for a large department store. I receive commission payment two weeks after the week I work along with a commission report listing all the sales and returns that have been transacted under my payroll number. Last June I a had an extraordinary large amount of returns on my report (twice what is normal) I asked my employer to look into in since the report is a general listing of sales and returns and not detailed. They kept putting me off (I asked almost weekly) and now they tell me too much time has passed and they can't get me that information.I think that since this is the way in which I am paid they must have records that are accurate and that I should not have to blindly accept what their reports and computer say about what I have sold or had returned. I want them to show me proof of those returns--show me where I had actually sold those items and show me where those specific items were returned.
2 Answers from Attorneys
Re: Commission compensation
You are entitled to payment of the commission on the sales you procured. Your employer is not permitted to deduct or offset your commissions by customer returns of merchandise.
Re: Commission compensation
An employer may charge returns against commissions. However, the employer must be able to clearly detail all deductions from your commissions. If the employer can't support the deductions, they are not allowed.
In no case may an employer charge you for "general returns", that are not specically your returns.
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