Can my employer take my commission away for being late?

UPDATED: Aug 15, 2012

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Can my employer take my commission away for being late?

My employer made a rule that if we were late more than 5 times in a month that our commission for that month will be taken away. Is this legal?

Asked on August 15, 2012 under Employment Labor Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

That depends on the terms of your employment contract, or if you don't have a contract, your employment handbook/policies.  Even if your contract does not include a provision allowing for this, you won't have a case until you are actually the victim of the rule -- until after you are late five times in a month and the boss wrongfully withholds your commission.  If that happens, take your employment documents to an employment attorney.  But  merely requiring people to come to work on time is not actionable.  

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