My and co-workers’ paycheck seem short. We don’t really have any proof, but can we try to get what we really deserve??

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My and co-workers’ paycheck seem short. We don’t really have any proof, but can we try to get what we really deserve??

I’m a plumber working for a piece rate and inside sales commission. Mine and co-workers’ paycheck seem short almost every time. We have to turn in all the work orders as soon as possible because the employer threatens us with $100 fine per missing paper and couldn’t keep our records. The employer also told us that if we do not collect payments at the end of the service, we don’t get paid. Also our paychecks do not show the piece rate, percentage of the commission, and none is specified or itemized. Since we do not really have proof for it, we just have to accept whatever our employer gives us?

Asked on June 17, 2009 under Employment Labor Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can't get very far in our legal system without proof.  It sounds like you're going to have to go through a pay period, making your own notes about each work order before you turn it in, write down the date, the number, the total payment, and whatever other information you need to figure out what you should have earned for that ticket.  I'd be very, very quiet about the fact that you were doing it.  Then, you'll have something to compare with your next paycheck, and if it doesn't match up, you'll have something to stand on when you ask for an explanation.

If they're cheating you, and you can prove it, you can make them pay.  See the California wage and hour agency, or find a lawyer so you can sue them.  One place to look for a qualified attorney is our website, http://attorneypages.com


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