Legal Question in Employment Law in Virginia

I sell new and used cars for a major dealership in Virginia. I earn pay only on commissions on sales. If I don't sell, I earn nothing. Recently, we had a big snowstorm that buried our cars on the lot in snow and the salesmen were called upon to dig out the cars. It was a lot of work and we received no pay for it. We were given verbal thanks by the owner and managers but I don't see how it is moral, ethical or even legal to ask the salesmen to have to do the snow removal. It seems to me that snow removal is the responsibility of the dealership and when the place is ready to sell cars, I should be called upon to come in then. Or maybe we should be offered a stipend to provide the labor needed to remove the snow. Some of the salesmen didn't show up to work on the days in question and the management made them to feel like they were not team players and were criticized in the following sales meeting. I was amazed to see salesmen bring in snow throwers and even one guy brought a tractor and worked all day. I don't know that he received any pay for it. I don't want to be seen as a trouble maker but none of the other salesmen said a word about it. Everyone just worked like hell to get the place cleared. What should I do? I don't want to endanger my position here or my reputation but I don't want to work at manual labor for free either.

Asked on 2/17/16, 6:56 am

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

Assuming no contract that would require your employer to compensate you for the

snow removal, I think you're pretty much without a remedy for the situation described (which

likely will probably not repeat itself for some years to come).

Answered on 2/17/16, 8:30 pm

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