Under what conditions can an employer take a percentage of an employee’s commission?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Under what conditions can an employer take a percentage of an employee’s commission?
I work at a carwash off commission plus $7.25 per hour. I was told by my manager that they will take 20% of my commission if I don’t sell enough rainx for wheels. It’s a new product. Is it legal for them to do that if I haven’t signed anything allowing them to. They threatened to fire me if I did not sell enough.
Asked on June 22, 2011 under Employment Labor Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am a little perplexed about the whole idea of commissions being given an employee at a car wash and ow that all works. But my gut reaction to this question - which needs a bit more clarification - is no, am employer can not take a percentage of your commission. Generally speaking, a commissions is a form of compensation that is only paid out to an employee after it has been earned. So if your employer threatens to take away money you have already earned that would be illegal. He can threaten to lower the percentage of your commission - and he may or may not get away with that either - but he can not take away what is yours already. Good luck.
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.