If I get paid a commission on each construction job I do and I had a job that went negative, can my company charge me my portion of the negative amount we lost even though I earned nothing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I get paid a commission on each construction job I do and I had a job that went negative, can my company charge me my portion of the negative amount we lost even though I earned nothing?
Asked on December 16, 2014 under Employment Labor Law, North Dakota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It depends on whether that was part of the "agreement" between you and your company *prior* to them attempting to charge you. Employers and employees can agree to essentially any payment arrangment or scheme they chose, including ones with charge-backs and penalites, but there must be agreement before some punitive aspect of the payment or commission plan is invoked. So if you knew that your company could do this (and knowing it, still chose to work for them, thus implicitily showing your consent or agreement), then they most likely could; however, it was never explained to you that this was a possibility, your company should not have the right to do this.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.