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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19207
Experience:  Employment/Labor Law Litigation
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I actually have two. I work on commision. .05% of the front end gross and 9% of what I sel

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I actually have two. I work on commision. .05% of the front end gross and 9% of what I sell. I was really charged back 100% of money withheld by the funding bank. It has never been done before in the car business.
The second question is, I was asked how old I was and told that " I wouldn't want to be looking for a job at that age, twice. Is that just rude or is that a violation of law?
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

On the issue of the commission, it's going to depend on how the company defines the earning of commissions. If they require that funding be completed by the funding bank, then that's going to be legal. State's don't define what are or are not earned commissions. They just hold the employer to the definition that they have.

On the issue of the question concerning age, that's an illegal question to ask during an interview, but not really an illegal question to ask generally. If you already have the job, that would mean that they weren't asking in order to use the information to make a decision about employment.

Now, the comment "I wouldn't want to be looking for a job at that age" is rude, but also it is a recognition of reality. It becomes harder to get a job as you get old, specifically due to discrimination by employers (which is why the age discrimination law was passed).

I would make note of the comment, but it only would become relevant if there were more direct acts of discrimination by the employer later on. Then the comment would help to show the underlying motivation.
Customer: replied 4 years ago.
There is nothing in the pay plan that states how they handle short funds. The contracts were funded, however the bank withheld the first payment. Up until the 20th of July, the company had never charged even a percentage of short fund to the finance manager. This was totally out of the realm of normal activity. Any previous chargeback that were made, were done at the same percentage as was paid. It's like I got paid 9 cents on every dollar I earned and was charged back for a dollar for every dollar shorted. Over 10 times the amount paid!
Ok. If the contract is silent on the issue, then the question really becomes if there was ever any discussion about short funds or if they regularly enforce short funds in that way.

So, if they suddenly started doing something entirely different, that's the basis for a complaint to the Department of Labor in your state under the "wage claim" theory or you could also sue in state court (but I would start with the DOL).
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