Legal Question in Employment Law in New York

commission sales

I live in buffalo NY my employer has overpaid,my commission,but let it go for 3 months. It was approved and paid by corpotate, now they are holding all our money from any other future jobs,and checks until we pay the money back that they already approved. also have taken all my commissions on siding jobs or window installation jobs when a mistake was made without explanation or justifiaction.Ex.homeowner said job was seamless I never told them that,co.got seamless siding for them and charged me for the difference. keep in mind we used to sell it and still had the information in our sales books, he must have seen it in our presentation portfolio. what about closing costs? should I have to split the cost of this with anyone????


Asked on 4/02/06, 4:56 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: commission sales

We've had issues like this before on this board. The issues is rather simple, if you received money you were not entitled to, you cannot keep the money simply because the other party made a mistake. You have an obligation of returning any over payments you received unless you can justify a reason you are entitled to the money.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 4/03/06, 10:08 am


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