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is this legal? Maryland

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  • is this legal? Maryland

    My DH was dismissed from his job on Monday (it was TOTALLY bogus, by the way and all the employees there are up in arms about it-several are seriously considering quitting over it) and when he went to get his last check today, they refused to give it to him. DH works in the auto body industry as an estimator and he is paid on commission. Their reason was that there was one job out of the 60 he delivered in the pay period that the insurance company had some issues with payment on. I think the job was about 12k. He is owed commission on OVER 100k in sales that the payments came through fine for. After I read the MD code, this seems VERY illegal. There are also other issues with deductions that DH has been fighting with them about since he started. They pay commission on everything delivered during the pay period. Issue is, insurance companies sometimes take their sweet time to pay. So if there is an account receivable over 90 days, the employees paycheck gets docked, meaning they take the commission back because the job wasnt paid within 90 days. Fine. The issue is that once the job DOES get paid, the employee is NOT refunded the money they were docked for. There is NOTHING in the employee handbook about commissions or Accts Receivable deducts. It seems to me like you wouldnt be able to agree to something illegal anyway. We need to figure this out fast. Due to the economy, I lost my job over the summer and have YET to get any bites on a new one, and now DH is out in the cold. And to add insult to injury, they pull this nonsense. I am going to call MD DOL tomorrow, but I just wanted some opinions here

  • #2
    The DOL is your best bet - State laws regarding commissions vary considerably. If they can't assist your husband to the extent he needs regarding commissions, deductions and such, then his next stop needs to be an employment law attorney.