I left my employer in January. I was a commissioned Loan Originator with a large bank. I was paid minimum wage "salary" on a weekly basis in form of a draw against future commission. Every month, my commissions were reduced by the amount I had received weekly from the "salary".
If the commissions did not cover the advance, the negative amount would be carried over to the following month and again if it was not covered that month.
When I left I had originated a number of loans that were in my pipeline waiting to close. When they closed, I asked for my commission and was told that I was not due anything because the amount of salary deficit ate up most of the commission and the rest could not be paid because the loans closed after 30 days of my departure.
Is this legal? I never received any deficit documentation or payroll stub detailing this.
Their employment contract states that we are not to be paid for loans that close after 30 days but they determined the closing date after anyone leaves. I was told CT law supersedes this bank policy; is that correct information?
1 Answer from Attorneys
Connecticut law definitely supersedes any employer's policy. You may have a claim for commissions. You also may have a claim for unpaid overtime. Did you work more than 40 hours per week? Did you get overtime pay?
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