Legal Question in Employment Law in California
withholding commission
To whom this may concern,
My employer, a health club, is withholding my sales commission when I do not collect a copy of the new member's driver's license within the first 30 days of membership.
My employer claims that the ID serves as a notice to a member's identity.
However, all members agree to have their picture taken to verify who they are at the time they check in to use the club, as well as authorize us to withdraw membership dues from their credit card or checking account on a monthly or annual basis.
Wouldn�t a member consenting to the later serve as a form of confirmation of who they are?
Finally, how can my employer profit from my efforts while withholding my commission because I have not obtained supposed information to validate a member's identity.
I await your response in earnest.
Regards,
2 Answers from Attorneys
Re: withholding commission
Witholding a commission because of a failure to complete paperwork - is unlawful under state and Federal Law. If this involves a minimal sum, you may be best served by filing a claim with the Labor Commissioner as you will not incur any fees. This would be appropriate if you are not intending to remain in this job for more than a few months. If you intend to remain in this position for a longer period, feel free to give me a call to discuss a strategy to deal with this matter.
Remenber, while the employer may have to pay you for the deducted commissions, you may be subject to discipline for failing to follow procedures.
Re: withholding commission
I'm out of the office for the next couple of days, but your case is interesting. While it can be reckless to issue an opinion without a thorough investigation of the facts, let me tell you that it's a safe bet that your employer is violating your rights. Phone my cell at 949-355-4774. Leave me a number where I can contact you and I will call you this evening.
Regards,
Ben
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