Texas Commision laws ( auto dealer)

[TxTrix]

Are there different laws to protect the owners of Auto dealerships? I have been told that commissioned employees of car dealerships have no real employment rights. My daughter has worked in this field for 10 yrs and has been "docked" commission as well as days off for a number of things ranging from wearing the wrong color top to work (GM didn't like it) to letting a customer leave the lot with out selling them a car. when she quit that job after 7 yrs with a 2 week notice, her final check was to have been $2700 of which she received a check for 25 cents, the rest was itemized deductions ranging from docking for being late to a Christmas party to charging her for parts her husband used as a mechanic in service when he worked there 3 yrs earlier. Texas workforce commission said she had no recourse.

In her current job she has had a guarantee plus commission, used only if she does not exceed her guarantee in commissions, health benefits (50% paid by the employer) and 1 week paid vacation.
After 3 yrs of employment, last month she was not paid for the week she took for vacation and she just found out her guarantee has been cancelled, she has not needed to use it for 2 1/2 yrs but this month was slow so she expected it on her month end check. Nothing was ever discussed and she was never notified as to any changes. There is not an employee hand book and she is the only commissioned person employed there.. The General manager and her are the only sales people. Every one else employed by the dealership is paid hourly or salary with great benefits. ( 6 in service, 3 in the biz office)

Real question is does she have any recourse with out an employee handbook out lining the benefits? or is it ok to change the rules as you go if you are the employer? She works 5 days a week 8am-6pm for a 30% commission, she received a notice yesterday that her commission will now be 20% and she is to work all day Saturday’s.. Seems after reading the a large amount of these posts the employer has all the rights and you as the employee must just jump from job to job to try and find a decent person willing to treat you right in exchange for a good days work

[Pattymd]

Employees of auto dealers have the same employment rights as any other employees. However, the employer does have the right to change compensation packages whenever they want, unless there is a valid, enforceable contract to the contrary. Lack of an employee handbook does not mean anything. Besides, unless very strictly written, employee handbooks hardly ever rise to the level of contractual obligation anyway. She (not you) can contact the Texas Workforce Commission to inquire as to her particular situation, but I would not be optimistic. She's already been told by the TWC regarding one particular issue that she had no legal recourse.