Legal Question in Employment Law in California
I work selling Satellite Internet Systems. I am paid $8.00 an hour unless I make 4 or more sells then I make commission of $20.00 per sell. My question is: can my employer charge me back for the sells that I do not make commission on? If a sale cancels that I made while making $8.00 a hour can he take $20.00 from my pay. That just doesn't seem right. I understand charge backs for my commission sales but how can he take $20.00 back that he did not give me?
1 Answer from Attorneys
You have several questions here. First, if you are not making minimum wage, you have a claim. Second, your commission structure is a bit unclear. It will take a review of the documentation to see if what is happening is correct.
If you make five sales and one cancels, then you likely do not have a right to a commission. It does not matter which one of the sales cancels, even if it was one of the first four. On the other other hand, if you only make four sales and one cancels, and your employer then deducts the $20, then you may have a claim.
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