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Salary vs. commission PROBLEM- Texas

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  • Salary vs. commission PROBLEM- Texas

    I'm not sure I'm posting in the right place but I think my employer is in the wrong. I work on a base salary and commission. Last pay period, my company had to give my client a refund on something I had earned commission on. So, MY employer took the difference out of my SALARY, not my commission...because my commission was not enough to cover the refund. Is this the right procedure? Please help!

  • #2
    This is a more complicated question then you might imagine. Presumably you sell something. The rules (for example) Outside Sales are quite different then the several different types of Inside Sales. So to answer the question, we need to know:
    - What do you sell?
    - Where do you sell it? And maybe how do you sell it? Retail sales is legally different from say selling Florida swampland over the telephone.
    - Do you have an actual signed contract? Or is this a very detail company manual that you think possibly rises to the level of an enforceable contract (most manuals do not)?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Absolutely Not

      Your salary is your money, however if a refund of monies is going back to a sale you had which you recieved a commission on, then they can take the commission back, but not tap your salary check. If you had another commission check then they could take some of the remaining amount owed on the last deal that fell through. Remember commisision is extra and an incentive for you to make more money on top of your base salary. I would really question an HR person or go to your boss and ask for an explaination.
      Michael Petras

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      • #4
        Originally posted by mpetrasiv View Post
        Your salary is your money, however if a refund of monies is going back to a sale you had which you recieved a commission on, then they can take the commission back, but not tap your salary check. If you had another commission check then they could take some of the remaining amount owed on the last deal that fell through. Remember commisision is extra and an incentive for you to make more money on top of your base salary. I would really question an HR person or go to your boss and ask for an explaination.

        However, until we get answers to DAW's questions, whether anything illegal has occurred cannot be determined.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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