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We are an employer defending a waiting time..

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  • We are an employer defending a waiting time..

    penalty for reporting time payment of 34.00 after finding out we overpaid the employee commissions in months prior to his termination. After review we found that the sales rep submitted commission reports that were false. We double paid commissions reliant on his commission reports. I know that California doesn't permit employers to debit future wages for overpayment... but in this case we overpaid the sales person based upon his false reports and didn't pay the 34.00 reporting time penalty at termination. Was this lawful and are we going to lose? Doesn't seem right to be scammed and held liable for 2200.00 in waiting time penalty for 34.00... especially the guy is a fraud.

  • #2
    Dueling issues

    In the future, please do not add your unrelated question to the back of another thread. Could one of the moderators please move this to it's own thread?

    OK, so to answer the new question, there are two very unrelated issues trying to be combined.
    - Overpaid commissions is a "take the former employee to court". CA has a rule against "self help" remedies by employers. Past that, the employer does not have a court ruling that what they claim is true. CA-DLSE legally is not going to take the employer's unsupported word that the employee owes them money, and legally that type of claim is outside CA-DLSE's jurisdiction. So on the overpaid commissions issue only, the sole available remedy is to take the employee to court, and convince a judge that this event really occurred.
    - Which leaves us with the "reporting time payment of 34.00". If CA-DLSE says you owe the money, then that implies that you already had your day in (administrative) court and lost. No you cannot offset, because the commissions at this point is just an unsupported claim you are making and CA-DLSE would not allow that type of offset. Past that, are you sure you mean "reporting time", and not "late termination payment"? In any event, $34 is small beer. Too small IMO to get in a ****ing contest with CA-DLSE over. You can also try appealing a CA-DLSE decision in court, but you are looking at eating the other sides attorney's fees and court costs if you lose. Over $34???

    And all of this assumes that you are in CA. Since you hijacked someone's else thread, I guess that cannot be assumed.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Moving post to a new thread.

      PS - IP address is Ca. & posted in Ca. labor law.
      Last edited by Betty3; 10-06-2010, 09:03 PM.
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