Unauthorized Commision Deduction

[jmenzie]

I am a building material supplies salesman in Columbus, Ohio. I am new in my position, and to aid me until I establish a customer base I signed a contract guarantying my monthly commison check for a one year period; from August, 2004 to August, 2005 We as salesmen have the option of using a corporatly employed estimator to do our material estimates from blueprints for us. This service is provided at a charge to the other salesmen but until now has been provided at no charge to me. Today my manager informed me that my commision check (which I am due to receive on Friday) is going to show a $250 deduction for estimator expenses. I was not informed before hand that I was going to be charged. Is this legal? Please help me.

 

[jmenzie]

I should also add that I have been "docked" pay off of my contractually guaranteed commision previously for failure to collect outstanding debts from customers. I can live with this. The dollar amounts were not substantial, and while I believe it is still breech of contract, I did not fight it. If my employer would have informed me; verbally or in writing; at the beginning of the month that I would be responsible for the estimator expenses I would not be upset. However, I feel that simply informing me two days before I get paid that I am being charged for a previously free service is unjust.

 

[cbg]

You would probably be best served by asking this question of someone in your state DOL. Commissions are not always covered under wage law and many states treat them differently. It MAY be legal to make a deduction from commissions even if it would not be legal to take it from hourly wages or salary. Someone at your state DOL could tell you how Ohio feels about it.