What are my rights working for a credit based retail company that is now taking back commissions that have been paid to us if the customers have not paid their 1st payment?

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What are my rights working for a credit based retail company that is now taking back commissions that have been paid to us if the customers have not paid their 1st payment?

I didn’t grant these customers credit, I am not a bill collector, I’m not an enforcer of making them pay. I am instructed to sell them the product. Then once the customer takes delivery to their home, I am paid for my job. Now the company is making us sign a We Know It, to say that we are responsible for these 1st payments, as we should use the judgement to give customers credit or not. I don’t give them the credit. Do I have any legal right to fight this?

Asked on December 14, 2013 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, you do not. A company can set terms or conditions of employment, as well as the mechanism or rules for compensation, and can require employees to take responsiblity for nonpayments and/or give back commissions. In fact, in several businesses with which I am personally familiar, such as eductional publising or software, it is common to take back commissions if customers do not pay. Your only recourse would be to seek other employment if you are not willing to live with this rule.


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