What to do if my ex-employer claims overpayment of commission due to a chargeback 4 months after my last day?

UPDATED: Sep 30, 2022

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What to do if my ex-employer claims overpayment of commission due to a chargeback 4 months after my last day?

I voluntarily left for a better opportunity. I was in sales and got paid salary and commission. 4 months later I get an anonymous letter from Payroll dep saying that due to an overpayment from a chargeback that I should write a check out to them for $900. They provided 2numbers for me to call to get more info. One was disconnected I had several people try it and one was for their internal payroll department IVR system. When I put my old ID in it could not find it and hung up on me. All I have is a PO address. I called their customer care dept and was hung up on in the transfer. Should I just ignore this ridiculous and unprofessional attempt to get money with absolutely no details on the chargeback included in the letter? No customer, nothing.

Asked on October 10, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF there was a chargeback, then you would, under the typical commissions arrangement, have to return some of the commission (the share attributable to the chargeback). But you can insist on seeing evidence of it before you pay...and if they won't provide evidence, you can refuse to pay. They could attempt to sue you for the money, but to win their case, they'd have to provide evidence in court: there is no way for them to make you pay without evidence.

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