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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11816
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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This is in reference to "Workplace bullying". My 68 year old

Customer Question

This is in reference to "Workplace bullying". My 68 year old husband works as a used truck salesman at a large family lot simply because we need the extra income to pay for our Health Insurance.. Problem #1... He is on full commission and sells quite a few vehicles, however, there is no way of checking what vehicle he is being paid for or if indeed, he's paid at all for what he sold. They refuse to give him any information to correspond with the sales. That's only one complaint. Problem #2... the son & daughter-in-law constantly scream, yell & curse at each other making it an impossible environment (even when customers are present). So, needless to say, he escapes onto the porch to get away from the constant bickering. This leads into the next problem that arose. Problem #3....During one of the episodes, my husband was on the porch when he saw a customer drive in & proceeded to get into the golf cart to meet him on the other side of the lot. As he backed up to turn around, he bumped into the owner's car (no damage to the car) but the owner stated that he did $800 damage to the golf cart & wanted to the money. My husband told him to use his business insurance & his own body shop on premises if needed. So his boss punished him by not allowing him to use the golf cart anymore. Note: The lot is approximately 1/2 long. Problem #4....My husband gave the owner's wife ( who runs the office) a month's notice that he was taking a 1 week vacation . Well, he took his vacation & when he returned he was told that he would have to take another day off per week because boss was angry that no one told him about the vacation.

Please advise me on what, if anything, can be done about this situation. (Without quitting)

Howard
Upstate New York
Submitted: 1 year ago.
Category: Employment Law
Expert:  Andrea, Esq. replied 1 year ago.

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,

 

ANDREA

 

Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11816
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Andrea, Esq. and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Andrea


 


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.


 


Thanks


Kathy


 


 

Expert:  Andrea, Esq. replied 1 year ago.

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 ............"

 

 

ANDREA

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Andrea, Esq.
Andrea, Esq.
Employment Lawyer
11816 Satisfied Customers
25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.