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Commission pulled for day off in MA?

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  • Commission pulled for day off in MA?

    A friend works in Retail in Massachusetts. She gets hourly plus commission on sales. If a sales employee takes a day off for any reason what-so-ever they lose the commission for the month they took the day off. It is a privately owned place that does well so a months worth of commission can hurt.

    Legal or not legal?

  • #2
    This is possibly illegal. A few questions to help figure this out:

    What are the terms of the commission plan?

    At what point are the commissions definitely determined, so the employee knows exactly what she's going to earn?

    When are they due, so the employee knows exactly when she'll get them?

    How much does she earn as base pay, and how many hours a week does she work?

    How much does she earn as commission?

    How often are commission payments made?

    What is her title, and what are her duties?

    Let's get started with those.

    Phil
    This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

    This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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    • #3
      She is on salary plus commission as the head. The sales staff is hourly plus commission. The commission is 1%. The rule seems to be an unwritten rule that they usually find out when they don't get the commission, which is paid once a month usually in the first check after the month has ended.

      I was thinking that once you earned something it was yours and the only way you should lose it is if you didn't rightfully earn it in the first place. Peoples earnings shouldn't be factored as a potential punishment.

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      • #4
        Probably illegal, although you'll need to work through the specifics I put in my earlier post in a little more.

        She can also file a free claim with the Attorney General's office and find out. Here' the form http://www.ago.state.ma.us/filelibrary/nonpay2.pdf.
        This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

        This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

        Comment

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