Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Can a company deduct un paid invoices or bounced from a

Can a company deduct...

Can a company deduct un paid invoices or bounced from a sales reps salary or commission check ?

Lawyer's Assistant: Have you documented this or discussed it with HR?

We dont have an HR department

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will ......full time

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 6 minutes by:
6/27/2017
Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,389
Experience: Employment Law Expert
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Ask Your Own Employment Law Question

Before we get started on the question I just wanted to let you know that I severely injured my right arm a couple of week ago so some of my answers may be shorter than normal, but still complete, and there may be typos or other small issues. It also takes me a little longer to hunt-and-peck using just my left hand so please bear with me.

Ask Your Own Employment Law Question

The only way anything other than taxes, Medicare, etc., can be deducted from an employees paycheck is if:

1) the employee has authorized it in writing

2) there is some type of court order or the equivalent

If it is writing then the employee must have signed it agreeing to it. The Department of Labor enforces these violations of the Fair Labor Standards Act and can force the employer to repay the amount plus fines and penalties. In addition, if the Department of Labor does not act, the employee can sue the employer and be compensated for the amount withheld, additional damages (usually 3 times the amount), and attorney's fees and cost. It is also not legal to have an employee sign an agreement making this change retroactive.

Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,389
Experience: Employment Law Expert
Verified
Dwayne B. and 87 other Employment Law Specialists are ready to help you
Ask your own question now

Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Employment Law Expert

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
Can an employer not specify how an employee will be paid
Can an employer not specify how an employee will be paid more than 99 days out? In particular, regarding whether sales reps will earn commission? … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
8,410 satisfied customers
I'm a commisiomed Sales Rep. My company has several
I'm a commisiomed Sales Rep. My company has several different compensation & commission plans depending on what Department your in within the company. Currently I get paid commissions after our custom… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
I am a salaried sales manager in Dallas. I also receive override
I am a salaried sales manager in Dallas. I also receive override commissions on my team as well as what my company calls a monthly 'gas allowance'. They are trying to get me to sign an addendum to my … read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
Have a few questions please. First, when I sign up for direct
Have a few questions please. First, when I sign up for direct deposit with my employer, can they without notice or my consent, cut regular paper checks because they "need a few float days"? Is this co… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
STATE: Pennyslvania I am the employer and I have 14 retail
STATE: Pennyslvania I am the employer and I have 14 retail store locations. Lets say for this example we are referring to one of my managers. $2,000 / month SALARY + commission. Are there any restrict… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am currently paid salary + commission. I am going to take
I am currently paid salary + commission. I am going to take FMLA leave soon for maternity leave. however these last few weeks i need to reduce my hours so the HR personnel said i can do intermittent l… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
can your job make you go to a job outting that is three hours
can your job make you go to a job outting that is three hours away from where you live and work and not pay you for doing so and then take your holiday pay from you for not going.… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I am a commissioned sales person for a fire protection company.
I am a commissioned sales person for a fire protection company. If I sell a project, based on company established criteria, and the project "loses money' do to no fault of mine, can the company deduct… read more
Judith
Judith
Owner
Doctoral Degree
459 satisfied customers
I work for a large tour agency in Texas, with 75 agents. Our
I work for a large tour agency in Texas, with 75 agents. Our compensation is structured a $1000 salary plus commission each month. Our employer is threatening to deduct from our commission earned a a … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I am 100% commission sales rep. The owner of company continually
I am 100% commission sales rep. The owner of company continually takes deductions from our paychecks as "punishment". For instance, if we are late for work he takes money out of our check, if we fail … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Hi My question is.... I was a creative director for an internet
Hi My question is.... I was a creative director for an internet direct marketing company. I was responsible for all of the creative content that drew sales. My compensation was 90k base and a 1% commi… read more
Legal Eagle
Legal Eagle
Attorney at Law
Doctoral Degree
381 satisfied customers
Can a company change your assigned sales quota after the fiscal
Can a company change your assigned sales quota after the fiscal year has passed and then propose that they paid you too much in commission and you now owe the company money?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I work for a company in Virginia and I work on a salary/commission
I work for a company in Virginia and I work on a salary/commission environment. My commission checks are paid the month after they invoiced. I won a contract worth 160 Million over 5 years and we rece… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I am a sales rep for a company. I am on straight commission.
I am a sales rep for a company. I am on straight commission. The way the policy reads is if you have been on straight commish for 180 days you will be paid on orders collected up to 90 days after you … read more
Legal Eagle
Legal Eagle
Attorney at Law
Doctoral Degree
381 satisfied customers
I was emailed yesterday by my finance department stating that
I was emailed yesterday by my finance department stating that there was an audit conducted on our company auto allowance program which reinbursed us 400.00 per month. In there audited they stated I wa… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I recently had to leave a position with my company primarily
I recently had to leave a position with my company primarily due to a situation with an unstable employee - the company had requested that I work until the end of the month to complete several key sal… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I was previously an minority owner for a business that was ...
I was previously an minority owner for a business that was located in TN but I live in AR and it was merged into corporate Jan 01 where the corp is AR based also. Effective Jan.01 I became an employee… read more
Family Physician
Family Physician
Doctoral Degree
140 satisfied customers
Im thinking of resigning from my job within the next 5 ...
Im thinking of resigning from my job within the next 5 days, I''m in sales commission plus base salary, the company has not filled their initial agreement in honoring commissions. Recently we were tol… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x