Legal Question in Employment Law in California

Pay Deduction at Work?

I am an Asst Mgr for an apartment complex in California. We are paid a $24 bonus per lease agreement that we close. Should that tenant vacate before 12 months passes, whether they break their lease, fulfill it, get evicted, etc., my boss will deduct $2 per month for every month that they werent there (assuming our $24 bonus is based on $2 a month over 12 months). For example, I got a rental in April and was paid $24 on that bonus check. That tenant ended up breaking her lease and moving out at the end of June. The last check I got, my boss took out $18 from one of my other bonuses from a totally different property, esentially paying me only $6 for the April rental, and forcing me to involuntarily ''pay them back'', so to speak. Is it legal for them to take away money like that? I realize its only a bonus and not my salary, but I work hard to get each rental and shouldnt be punished for tenants decisions to either not renew or to break their lease. Help!


Asked on 7/02/07, 9:16 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Pay Deduction at Work?

Generally requiring an employee to return a portion of a bonus is not permissible - you are in essence an insurer of the employer's losses. This would be a small claim that would be best made through the labor commissioner. Penalties may apply if the deducted sums are not returned to you prior to your separation of employment from the company.

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Answered on 7/03/07, 2:35 pm


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