Is it legal to take the amount of a warranty audit from my commission base and only pay me on the balance?

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Is it legal to take the amount of a warranty audit from my commission base and only pay me on the balance?

I was fired because of a warranty audit. It wasn’t too bad, but when they let me go, they took the amount of the audit from my departments gross and paid my commission on the balance left. I also did not get my vacation pay. Is this legal? No one else was penalized for the audit. Not even the warranty administrator (I was the Service Manager).

Asked on May 10, 2009 under Employment Labor Law, Missouri

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

You need to consult with three agencies/people:

 

1. The Equal Employment Opportunity Commission: http://www.eeoc.gov/

2. The Missouri Dept of Labor: http://www.dolir.mo.gov/

3. A labor law attorney in your state.  Try www.attorneypages.com or Missouri State Bar.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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