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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 18581
Experience:  B.A.; M.B.A.; J.D.
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I work at&t authorized retailer. I am an hourly employee,

Customer Question

I work for an at&t authorized retailer. I am an hourly employee, and I also earn commission based on gross profit. I made a sale in April that I made the company a gross profit of $416. I got 10% of that. The customer disconnected service 2 months later, and now my employer has charged back the sale to my paycheck.
However, my employer is now showing on paper that the gross profit for the sale was $1,155.99. They have already deducted 10% of this amount from my pay. Also, I was initially paid $41.60 (10% of $416), and then taxes were taken out. Now, they have taken $115.60 from my check before taking taxes out.
I have an email from the vice president of the company stating that I was not charged for any equipment loss, and that the $1,155.99 was the gross profit, but I also have my initial paperwork and daily sales report showing that the exact same sale's gross profit was $416.
What can I do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I work for an at&t authorized retailer. I am an hourly employee, and I also earn commission based on gross profit. I made a sale in April that I made the company a gross profit of $416. I got 10% of that. The customer disconnected service 2 months later, and now my employer has charged back the sale to my paycheck.
However, my employer is now showing on paper that the gross profit for the sale was $1,155.99. They have already deducted 10% of this amount from my pay. Also, I was initially paid $41.60 (10% of $416), and then taxes were taken out. Now, they have taken $115.60 from my check before taking taxes out.
I have an email from the vice president of the company stating that I was not charged for any equipment loss, and that the $1,155.99 was the gross profit, but I also have my initial paperwork and daily sales report showing that the exact same sale's gross profit was $416.
What can I do?

Response: You need to send a formal request to payroll to adjust the deduction and return the overcharge to you. If you are ignored, then you need to file complaint against the company with U.S. Department of Labor, Wage and Hour Division for wage theft. Click on the link below for the contact information:
http://www.dol.gov/whd/america2.htm#Georgia
Customer: replied 1 year ago.
can something legally be done to an employer that does this to an employee?
Expert:  Phillips Esq. replied 1 year ago.

Yes. The Department of Labor would impose sanctions on the employer.