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View Full Version : Deductions for supplies on commission in Florida


cja0371
06-18-2007, 12:43 AM
I am employed at a small business for the last 8 1/2 years.It is a service industry business involving skilled labor.I am the only full time employee in my job detail.I earn this couple an average of $7500 a week. I am paid 25% commission when i work alone and 15% when i require a helper with the stipulation i deduct the cost of the chemicals used from the total cost of the job on bigger jobs that use excessive chemical. This was fine for me because the bigger jobs earn me good money.I started commission 1 1/2 years ago.Since my start with commission employer has made deductions for small jobs.He deducted $15 from a $150 job.It only cost me $3.75 but it adds up quickly.Employer has made me pay for extra labor,wear and tear on machines and , gas.I have lost about $750 through the year so far with more deductions coming. This is an employer who told me 2 years ago that they see me making $40000-$50000 a year. They are unethical and they are greedy.This leaves 90 % of their 23 or 24 employees angry.One employee thats been with them for 14 years makes 35% commission and now theyre talking about bringing him down to 30%.The business has tripled in the last 5 years or so and it seems to me that the more money they make the less they reward employees in the form of raises and bonuses.Theyre pushing me out the door.They dont want me to go but i have all the equipment needed to go out on my own.Anyway my questions are ...Is there anything illegal about my employer taking these deductions from me and if so how do i go about righting this wrong? How firm is a no compete clause? it is a written agreement stating i cannot work in the same field while employed there..it says they can seek legal damages if broken.?????

Thank you for anyh help you have to offer......... CJA

ScottB
06-18-2007, 01:01 AM
So long as you are making at least minimum wage for all hours worked, they can do this, but from your description, they keep changing what will be deducted.

You would need an attorney to review whatever non-compete agreement you have made. Some states don't recognize them. In some states where they are legal, courts will toss out the entire agreement if the court finds one unenforceable provision. In other states, the court will simply strike down a portion that is unenforceable while leaving the rest of the document intact.

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