Can a company send a commission employee home from work for 2 weeks and not notify them that the time they were sent home was unpaid?

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Can a company send a commission employee home from work for 2 weeks and not notify them that the time they were sent home was unpaid?

I am a commissioned paid sales employee. No documents were signed or agreement made about not being compensated for time off and not even mentioned in conversation with HR. Also, the sales area assigned to the employee was still selling the product and creating a profit.

Asked on September 23, 2012 under Employment Labor Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, your employer can do what it did to you where you as a commission employee were sent home and not allowed to work and not get paid. Since you are a commissioned employee since you are not working then it is fair to say that you are not generating sales to be paid.

What you have written about seems legally permissible under the law. Perhaps your employer is sending you a signal to start looking for another job? I suggest that you may want to consult with a labor law attorney and/or with your department of labor about your matter and what legal recourse you may have.


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