Can a company that pays by commission only, not disclose the total amount of an invoice from which the employee is earning their commission?

We perform a service and are paid 7% commission of total invoice. The company we work for does not give us the invoice amounts, so all we can do is hope that we are being paid fairly. Is this legal?

Asked on June 11, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is legal: there is no obligation to disclose the invoices or sales figures unless--

1) Your commission agreement or other employment contract specifically says that the employer must do this; or

2) You file a lawsuit--such as on the grounds that you believe you are not being paid the amount to which you are entitled--in which case, you could use the legal process or procedures of "discovery" (such a written interrogatories or questions; document production requests) to get access to this information.


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