Legal Question in Employment Law in Connecticut

I work in ouside sales for a national corporation and receive a salary plus commission. My commission is based upon the attainment of sales goals, which change monthly. My commission is equal to the percentage of sales I achieve. If the goal is 20 and I sell 20, I get 100%, but if I only sell 12, I will receive 60% of the commission. My earnings are also affected by returns for any reason, which can be charged back for a period of 6 months.

Recently, I made 12 sales and received a payment which was 60% of my commission. Two months later, one of my customers who had service issues decided to cancel her purchase. I was shocked when I checked my compensation statement and noticed my company charged me back at 100%.

Is it legal for a company to charge back more than the actual amount paid?


Asked on 9/10/10, 9:49 am

1 Answer from Attorneys

Richard Hayber Hayber Law Firm, LLC

No. In Connecticut, an employer may not withhold money from an employee's check without written authorization. Even if you consented in writing to the commission plan, your employer can't take back 100% if you only authorized a dollar for dollar charge back. I would review the commission plan carefully and ask for an explanation in writing.

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Answered on 9/21/10, 7:37 am


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