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  • Questionable Commission Structure

    I am a buisness manager structured completely, 100% commissioned in a dealership who retained my 3rd party company to do the financing and aftersell of vehicle accessories. I have been working here for a little over 1 month and I am now getting my first 100% commission check. However, the company and dealership I work for have included approx. 20% in deductions from my paycheck for "chargebacks". Although these chargebacks are from commissions paid to previous employees from 3-4 years ago even. Is it legal to take my earned commissions away for monies paid years prior to other employees who quit? It doesn't seem fair to me. :confused

    Sincerely,

    New York

  • #2
    There is nothing I know of in state law that mandates the terms of commission agreements. This is strictly between the employer and the employee. Is it fair? I don't think anyone would say that it is fair. But is it legal? Probably yes, since there are no laws prohibiting it.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Actually isn't legal

      Originally posted by Pattymd
      There is nothing I know of in state law that mandates the terms of commission agreements. This is strictly between the employer and the employee. Is it fair? I don't think anyone would say that it is fair. But is it legal? Probably yes, since there are no laws prohibiting it.
      I contacted the Dept of Labor and Attny Gen. office and they stated that it was not legal under NYS law. Thanks for the input though. I am in negotiations with my current employer to get this issue resolved. He has since decided not to withdraw the difference from my check. Thanks.

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      • #4
        Well, that surprises me, but I'll bet it would have been a violation of the contract laws, not wage and hour regulations. Good luck.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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