Legal Question in Employment Law in California
Commission was cut to give to co-worker
The manager cut my commission in 1/2 to give it to the new co-worker without any explanations or discussions up front. On my pay day the manager handed me the pay check envelope and said :''Just wanted letting you know that I cut your commission in half to the new hiree'' - ''Why?'' I asked - ''Because I said so!'' the manager said then walked back to his office!
1) Is it right/legal for a manager to take/cut someone's commission to give it to the new co-worker?
2) There's a promise of repaying back but nothing was done then how to get back that short of money?
Thank you for your reply in advance.
2 Answers from Attorneys
Re: Commission was cut to give to co-worker
If you aren't paid timely, file a claim of unpaid compensation with the Labor Commissioner in your area.
Re: Commission was cut to give to co-worker
Commissions are earned income like wages. Penalties attach if you're not paid commissions, and an attorney can collect attorney's fees to represent you. Depending on how much in commissions you're talking about, it might be worth talking to an attorney directly. I've found that the CA Labor Board is swamped and doesn't like to handle commission matters. But you should make the claim in any case, as Mr. Nelson suggests.
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