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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I work in sales for a privately owned company in Texas. I

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I work in sales for a privately owned company in Texas. I handle the Western Region of the United States for them and I live in Denver, Colorado.

I am paid a salary as well as commission on the sales I make.

In 2009 I sold $ 30,000 worth of product to a resller and was paid $ 3,200 in commissions.
The company I sold the product to subsequently went bankrupt and was sold prior to paying our invoice.

Now, four years later, my company has charged me back the $ 3200 in commissions.

Neither my offer letter or job description from this company mentions anything about chargebacks. So the decision to charge me back is strictly the "whim" of our V.P. of Sales.

My questions are two:
1) Is there a statute of limitations in Texas as to charging back commissions.
2) Without a written agreement spelling out a "chargeback" policy, can they legally charge me back for earned commisssions?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It is legal to deduct money from a salesperson’s commission under certain conditions, such as the employee has authorized such a deduction in writing, and the deduction authorization is clear and specific enough to where a reasonable employee could be expected to know how much the deduction might be if the condition for the deduction arises. This is in accordance with the Fair Labor Standards Act and Texas payday law. There is a 2 year statute of limitations on wage claims and this is a wage claim as commissions are considered wages.

If he is taking wages from you more than 2 years old and/or you have not given written authorization, then you need to file a complaint with the Texas Workforce Commission or the US Department of Labor for a wage claim.

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