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Employer deducted min wage previously paid from commission on last paycheck Oklahoma

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  • Employer deducted min wage previously paid from commission on last paycheck Oklahoma

    I am a W-2 employee who works as a loan officer for a Mortgage company. Our agreement was to be paid 30% commission. After working for some time our employer decided that he needed to pay us min wage when we were not due a commission for that pay period. He would then "take back" that min wage on the next commissionable check. I left the company and went to get my last paycheck expecting a $2,000 check and he paid me $159.00 because he said I had owed him $1700 in past hours paid. He also did not pay me on one deal because it did not "close" until 2 days after I left...even though we had a verbal agreement that I would be paid for that deal since I had done all the work on it. I worked very hard for this company and am just sick over this. What can I do?

  • #2
    This is maybe complicated. There have been a whole lot of court decisions and DOL settlements to the effect that employees working for mortgage companies could never have legally been paid on a 100% commission. The change your employer made is because the employer legally had no choice.
    http://www.dol.gov/opa/media/press/esa/esa20071474.htm

    Past that, OK is not my state, I have no idea what OK law is on commissions or anything else, and I have not read your contract. I know that there is a 99%+ chance that for any and all workweeks you were due at least minimum wage and paid overtime against MW. I will not say a 100% because sometimes judges get notions and perhaps your employer can come up with a really good excuse that I have not thought of. I know there is a chance that you might be due something else, but this is not something that I can comment on based on what I actually know.

    You can try filing a wage claim with OK DOL, assuming that OK actually was a DOL (yet one more thing that I do not know about OK). Federal DOL will take a MW/OT claim, but not your commission claim. Alternatively, you can try talking to a local attorney, although I can guarentee that the lawyer will want to read this 30% commission contract plus any other supporting documents. It is not impossible to collect against a verbal agreement, but it is much harder to win in court with a verbal agreement then it is with a written agreement. A short consulatation with the local Legal Aid to verify your chances should not be very expensive.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Oklahoma DOES have a DOL that will take your claim, OP.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Oklahoma commissions are treated the same as ordinary wages that are earned and due.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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