Legal Question in Employment Law in California

fees charged to employee against commisioned sales.

I ve been employed for 9 years in a sales position, where as we call businesses and sell them custom imprinted promotional products, like pens and other items with their co name and information printed on the product. A verifier then calls the customer to ensure the sale and run over the info to be put on the item. It is at that point that the salesperson is due to be paid his commision. many packages 70% or so are sent out COD. The employee gets paid about 20 % of the sale generally before the customer even receives his or her package. Therefore, some of the packages are returned for one reason or another. (eg. refused, not open, went out of business, etc) Someone else in the company then calls the customer to find out why. If in the event the customer wants the package but either missed it or didint have the money at the time, the company then reships the package. They then chg the salesperson for the reship and do not reimburse when the package is paid for. Is this legal. we are talking 9 yrs worth.


Asked on 6/05/09, 9:54 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: fees charged to employee against commisioned sales.

"Legal?" It probably qualifies you for filing an unpaid wage claim with the Labor Commissioner, or filing suit if the amount unpaid is high enough. Feel free to contact me for the legal help you need if serious about doing so.

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Answered on 6/08/09, 3:41 pm


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