Employment Law Questions? Ask an Employment Lawyer.
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That depends on several factors. Please tell me:
1) What state is this in?
2) What is your position?
3) Please explain the commission agreement.
4) Do you have a 401k set up through your employer?
This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Unless you have an agreement in place THAT YOU SIGNED that allows such withholding, then no such withholding should take place. Ergo, what they are doing is arguably unlawful. If you are a 1099 contractor (and I am assuming you are, if not, reply and let me know), you can file in court for breach of contract, and, unjust enrichment. Of course this is the last case resort, as doing so will likely hurt any further work between the parties.
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