I work on commission and my employer claims that they overpaid me, doI have to pay to out of my next paycheck?

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I work on commission and my employer claims that they overpaid me, doI have to pay to out of my next paycheck?

The VP of the company called me into his office and said that they overpaid me by $1,000 and that they want to take it out of my next check. I told them that the money had been spent and that I needed my pay for the next pay period. I want them to show me the error before I let them take money back from me. I don’t believe that I could have taken a month to find such an error, and feel that they are trying to get me to quit so that they can take over the large account that I obtained 3 months ago. What can I do to protect myself and keep my job?

Asked on July 5, 2011 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well you absolutely need to see documentation and any reasonable employer would be willing to give it to you. Just ask for a detailed accounting of the error, how much, on which account, for what sale, etc.  You did not give any specifics as to what field you were in and how the commission is calculated.  I am sure, though, that you will be able to figure it out.  Now, it might be a really good idea to make the request in writing.  Confirm your conversation in his office stating that he indicated an error and that by your calculations there did not seem to be an error.  Ask politely for the details and see what happens.  If they can not back up their request then you will know soon enough.  Good luck.


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