If I’m a hairstylist working on a commission basis and quit my job, can the salon hold back my pay?

Asked on August 14, 2015 under Business Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you must be paid for all work which you did. That means, if you worked on commission, you must be paid all commissions you earned, less any legitimate "chargebacks" (e.g. if any customers came in later to get a refund or credit) they could normally take out of your commissions. It would be reasonable for them to hold the commissions for a short time, to see if there are any chargebacks, but then they need to pay them; if not, you could sue them (such as in small claims court, acting as your own attorney to save on legal fees) for the money owed you.


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.