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Question

i was terminated as a commissioned saleman. the company has now charged my vacation account for the cost of next day shipping on a project I had been working on and actually asked for the next day ship.

Submitted: 163 days and 21 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: New Jersey

Already Tried:
just found out about the chargeback today

Posted by bizlaw 163 days and 21 hours ago.

Info Request

Ordinarily who would be responsible for such shipping charges?

163 days and 21 hours ago.

Reply

company, but I was late in ordering the parts and I asked for the speedy delivery. a few days later, I was terminated.

Posted by bizlaw 163 days and 21 hours ago.

Answer

The need for the speedy delivery was occassioned by your delay in ordering the part. To challenge the company's position, you would need to show that in the past such charges, even where the salesman could have avoided them by ordering early were always paid by the company. I do not know how much the shipping charges are but this type of chargeback seems unusual and unless it is a standard chargeback, it is something that may not be deductible from vacation pay as that is considered wages. A very small category of deductions can be made from wages and this type of chargeback probably does not fall within the permissible range under the NJ wage payment law. See NJSA 34:11-4.4 If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site. This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

163 days and 21 hours ago.

Reply

the charges were $3,000.00

Accepted Answer

That amount cannot be deducted from your wages. I would inform them that you will file a complaint with the NJ Dept. of Labor if they make that deduction. Filing the complaint does not require the intervention of an attorney. If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site. This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Expert: bizlaw
Pos. Feedback: 97.8 %
Accepts: 1531
Answered: 10/8/2009

Attorney

30 years experience corporate, litigation, international

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