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I am a commission employee at a hair salon. i make 50% of…

Customer Question
I am a commission...

I am a commission employee at a hair salon. i make 50% of the gross sale as commission. i found out the salon owner is also witholding cost of supplies, which was not part of teh agreement and it is an additional charge that i was not aware of. they are doing this to other employees as well, which my understanding is this is an illegal practice for commission employees. What should i do?

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

I have the documentation showing after i called the payroll accountant, but the owner said i told you i was going to do this and is very rude. she refuses to discuss it,

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

Its full time at will employment, commission only.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only she hid this for over a year, and we have no employment agreement

Submitted: 6 months ago.Category: Employment Law
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Answered in 7 minutes by:
1/5/2018
Employment Lawyer: Loren, Lawyer replied 6 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,790
Experience: More than 30 years in legal practice.
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Employment Lawyer: Loren, Lawyer replied 6 months ago

Do you have a written commission agreement?

Which state?

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Customer reply replied 6 months ago
there is no written agreement, but i have the bi weekly reports when i found the backcharges for hair products charged at 6% in addition to teh 50% commission. Its KS.
Customer reply replied 6 months ago
other stylist are getting the same thing, i was a salon owner and its illegal to backcharge commissioned employees other than the agreed to commission split amount. she never told me she was deducting an additional 6% for product, and never came up with an employment agreement.
Employment Lawyer: Loren, Lawyer replied 6 months ago

Thank you for the additional information.

A verbal agreement is, in most circumstances as enforceable as written one. It is just harder to prove the terms. If the salon owner is violating the terms of the commission agreement then your remedy is to sue them for breach of contract. If the claim does not exceed $4000, you can sue in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

Did you have further questions? Have I answered your question? Please let me know?

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Employment Lawyer: Loren, Lawyer replied 6 months ago

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Thank you!

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