Can an employer pay you less on a sale commission job if you do not meet all of the expectations?

I currently work in a full comission sales position base on close rates and, the based on answering sales calls but every call that comes in is not a sales call for example, the company have an answering service that have different prompts for customer services,existing customers and sales but no matter what the cx selects the customers calls comes to the sales floor where sometimes we cant even help the customer but the call that we answer or dont answer it will still count against your close rate. The more calls you handle and cant close counts against your close rate. Is that fair?

Asked on August 2, 2012 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, "fair" and "legal" are not the same. It is not fair, most would agree, to reduce your compensation based on being given calls where you can't help the customer. However, it is legal: an employer may legally set up a compensation system where the number of calls you handle and cannot close reduces your compensation.

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