Legal Question in Employment Law in Tennessee
Forcing employees to buy merchandise
I work in sales for a tobacco and candy distributor in Tennessee. Twice each month, each salesman is 'forced out' products to show and sell to customers. These products are usually new items or promotions. Normally, the unsold merchandise is returned to the warehouse for restocking. I learned today that in 2006 no 'forceouts' can be returned and each salesmen has to pay for what is unsold. Surely this is illegal. We have no control over what products or how much product is to be forced out each month. Please advise.
Thank you,
Jamie
1 Answer from Attorneys
Re: Forcing employees to buy merchandise
I need more information from you before I can give you a definitive answer. Whether or not they can do this depends on several legal factors not the least of which is how you are otherwise compensated. This is a very difficult program for an employer to operate legally. Please contact me at my office at 901.683.1850 or 1.800.403.7868 and let's discuss this. Thanks for the question.