Employment Law Questions? Ask an Employment Lawyer.
Hi, My name is XXXXX XXXXX my goal is to provided you with Excellent Service,
In Answer to your questions,
1. Your husband is entitled to a breakdown of what he is being paid. For example, his commission check stub or statement should read as follows or something similar which would give him enough information to know if he is being properly paid,
6/1/2013 Sale of 2009 Ford SUV at $(Price) x % Com. = $ 900
6/2/2013 Sale of 2008 Chevy Van at ($Price) x % Com = $ 800
And so on so that at the bottom the total earned commissions shows. Your husband can also figure out what he should be paid by multiplying his percentage commission by the price of the vehicle he sold. Then he can see if he is being paid properly and if he is not, he should file a formal Complaint with the US Department of Labor, Wage and Hour Division in the Regional or District Office in your area;
2. The son and daughter in law arguments are not directed at your husband and although it presents an uncomfortable and unprofessional environment, nobody can force the owner to reprimand his family;
3. If your husband needs the golf cart to get around because of his age or if he has any disability, he can ask the owner to allow him to use the golf cart for his disability.
An employer must make reasonable accommodation for an employee's disability, otherwise the employer is in violation of the Americans with Disabilities Act and he can file a formal Complaint with the Equal Employment Opportunity Commission. He can call(NNN) NNN-NNNN to find their Office which is nearest you;
4. If your husband does not have a written Employment Agreement with his employer which would set forth when and under what conditions the employee's days, hours, or responsibilities could be changed, then your husband has an "At Will" employment relationship which means that the employer can change his hours, days, or work week, whenever the employer wants without any liability to the employee. The employer can even terminate the employee at any time, for any reason, or for no reason without liability to the employee. So, regardless of the fact that your husband followed procedure and gave notice of his vacation plans, the employer is within his rights to reduce the number of days he works,
I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully asking that you not hold the law applicable to your situation against me,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,
Bonus and Positive Feedback on survey is very much appreciated,
Thank you for your excellent service and advice. I already new the answer but I needed reinforcement (not that will do any good).
My husband really can't say anything more to his employer because he would be "let go". They have already punished him twice. Sounds ridiculous but at times you have to do what you have to do.
Like I said, we need the extra money for our health insurance....Medicare & Humana.
You are very welcome, Kathy, and Thank you for the Excellent Service rating, I appreciate it greatly, I only wish I could do more and wish there were more laws protecting the employees,
If you need anything further please feel free to direct your questions to me by typing my name at the beginning of your question like this,
"For Andrea only ............"
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