Legal Question in Employment Law in California

Deductions from 1099 employee

I work as a 1099 commissioned sale rep. Recently, a customer placed an order which I typed but made a typo. As a result of the typo the order has to be re-run and the company for which I work wants to deduct the entire cost from my earnings. Can they do this?


Asked on 4/10/03, 4:11 pm

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

Re: Deductions from 1099 employee

Generally speaking, hell no! They can be mad at you and they can ask you to agree to cover the cost of the re-run, but they cannot just take the money out of your check. My advice is based on the assumption that this type of situation isn't covered by some existing contract between you and your employer.

Best of luck,

Ben

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Answered on 4/14/03, 7:42 pm
Terry A. Nelson Nelson & Lawless

Re: Deductions from 1099 employee

No they shouldn't be able to do so legally, whether an employee or 1099 contractor, so don't agree to it.

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Answered on 4/14/03, 8:45 pm


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