How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117419
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I work in sales for a privately owned company in Texas. I

This answer was rated:

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.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as or or to find a local attorney to get actual legal advice in all matters.
Law Educator, Esq. and 15 other Legal Specialists are ready to help you

Related Legal Questions