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Holding Back Commissions for future sales draws. Illinois

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  • ScottB
    replied
    Originally posted by ExecRecruiter View Post
    Can they give no vacation time in the first year of employment then 1 week the second year?
    There is no law requiring that they ever provide vacation, so, yes, they can do that.

    Originally posted by ExecRecruiter View Post
    Can they give no sick days?
    Also legal.

    Originally posted by ExecRecruiter View Post
    Is it legal for my employer to holdback money from commissions that are due to me for future draw checks.
    That is an odd way of doing things, but so long as you are making at least minimum wage for all hours worked, I don't see it as being illegal. It would also make accounting difficult.

    You really should look at your commission plan and what it involves. You want to pay attention to exactly when your commissions are earned and when they get paid. Closing a sale is rarely the same as earning it. Payment by the customer with no refund possible should always be an earned commission, even if you are no longer employed by the company (look out for that phrase -- quite common for companies to dodge the bullet by saying if you aren't there when commissions are paid out, you are do nothing).
    Last edited by ScottB; 11-19-2007, 03:25 PM.

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  • Holding Back Commissions for future sales draws. Illinois

    I am a recruiter and work on a draw against commission. Is it legal for my employer to holdback money from commissions that are due to me for future draw checks. For example, currently my employer owes me $15k. They are taking four draw checks worth from this $15k to pay for my future draw checks. Are they doing something that is against the law? Can they hold back bonus cheks to pay for future draw checks? Can they give no vacation time in the first year of employment then 1 week the second year? Can they give no sick days?
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