The situation is this I quit my previous job at a car dealership and moved onto another dealership. I did not recieve my pay until after the dealerships fourth pay period. When I recieved it I had been charged back a full commission on a car deal. The reason I was told was that a title had not been signed and I was not there to go and get the title signed because the people would not come to the dealership. The car was purchased two months before I left. I was paid the commission and I paid taxes on it. Now I am getting it charged back and not getting the tax money back that was taken out. I have a buyer's order statint the name of the purchaser, My name as the salesman and the information regarding what was charged for the car and what commision was to be paid to me. Also on that document is the signiture of the customer and a manager. My question is am I legally entitled to that money and what actions should I take in order to get it? I appreciate any help that I could recieve from you.
1 Answer from Attorneys
The subject (title) of question is a little bit misleading. I believe you're talking about commisions earned and I suggest you look at your commission contract with dealer and look carefully at the language governing first, entitlement to commissions and, also, the employer's right to set off against the commission account, eg, backcharge. This issue seems to be a contract legal issue, not simply a "wage" issue. You probably have some rights to be paid your commission but be careful you don't "assume" your right is based on wage and hour laws as it would be if you were paid on a hourly basis or under a salary arrangement.
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