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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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IF YOU ARE PAID 100 PERCENT COMMISSION ON A JOB, IS IT LEGAL

Customer Question

IF YOU ARE PAID 100 PERCENT COMMISSION ON A JOB, IS IT LEGAL FOR THE EMPLOYER TO NOT PAY YOU ON THE COMMISSION YOU EARNED, BECAUSE YOU WERE SUSPENDED FOR THREE OUT OF FIVE DAYS?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, would the person be an employee or an independent contractor? The reason I ask is because the answer may differ. For employees, an employer may not withhold commissions that were rightfully earned if the sale or project was still completed by the employee. For an independent contractor, what governs is the contract--if the contract states that due to disciplinary action or due to absence the contractor forfeits all or part of commission, then withholding is probably permitted.

Sincerely,

Dimitry, Esq.

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