Hi - I have a question regarding unauthorized deductions from my pay check. I am a 100% commision based employee that works for a mortgage company. In the past 4 months my pay has been deducted over $7,000 due to cancelled applications where appriasals have already been done. I have closed many loans during this time and instead of paying me my commision on the loans that I closed, they have taken out the money for the cancelled applications out of my paycheck and have not paid me anything. When brought to my managers attention I was told that he was "taking care of it" and I would be receiving checks to off set what the deducted. After not receiving checks I escalated the issue to his manager who told me that it was thier policy to deduct from the mortgage originators pay check the fees incurred on cancelled loans and if my manager never informed me of this and/or never told me to collect it from the consumer at time of application, than my manager would need to pay me from his own pocket. Clearly that is not going to happen, but I do not understand how this can be legal. I was never informed of this and the loans that they are hitting my pay for were cancelled due to all the new mortgage guidelines and regulations, the loans did not qualify any longer. Why should I as an employee be held responsible for the fees on cancelled loans due to the economy and goverment regulation changes? Due to the lack in pay, I am at the point where my savings is diminished and can hardly afford food. Also, I have always been one of the top producers here but since this starting happening my production has decreased almost 50% because I am refusing to work for free. I am almost positive that I am now going to be written up for perfomance due to this... but to be honest (and this is embarassing) I cant even afford gas to go meet new clients due to not receiving a pay check. I need to demand my money back immediately or I am going to lose my home and car. I need qucik advice to help get this done asap. Please know that the bank I work for is a bank that is well known and across the nation but has also had many class action law suits from employees and lost. Thank you so much in advance for your help. Ive read all these postings and am amazed at how much you all help out. Thank you again!

Where is the work actually done? In a facility provided by the employer? Or outside sales of some type?

The work itself is done in the office. I do work from home sometimes but that is our choice. If you are asking about the work for the appraisals, the company does all that themselves we are not involved in that. Thank you.

If a majority of the work is done in the office, then legally you are a Non-Exempt employee who (for each workweek) must be paid at least minimum wage and overtime (if applicable) for all actual work done.

http://www.dol.gov/opa/media/press/esa/esa20071474.htm