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Can my husband's ex employer keep his check? Oklahoma

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  • Can my husband's ex employer keep his check? Oklahoma

    My husband quit his job yesterday due to being lied to from day one. He worked for another company for over 6 yrs that went under, so he started this job about 3 months ago and was told before he took the job he would be paid comm plus weekly salary after starting he found out it was a lie and that he was only comm and his weekly pay would end up coming out of comm. Anyway he quit and his boss will not pay him for his last week there. Is that legal?

  • #2
    No. He must be paid for all time actually worked. He can file a complaint with the OK DOL.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      OP, not your question but this may be related. You mention commission. Was your husband inside or outside sales?

      If inside sales, the only obligation his employer has is to pay at least minimum wage for all hours worked, plus overtime for any time worked over 40 in a week.

      If your husband worked outside sales (on the road, in the field, etc for the majority of his time worked) then commission only is perfectly legal.

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