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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33760
Experience:  Began practicing law in 1992
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I am a manager car dealership last 18 mths. The car dealer

Customer Question

I am a manager for a car dealership for the last 18 mths. The car dealer has 2 lots. I was the Store Manager for one earning 14% commission on all the deals that we sold & funded. and the owners decided to make a change and move me to finance Manager at the other lot. I never received an updated contract with my new contract rates, so I assumed that I was going to be paid the same, but to my surprise when I receive my check and its substantially reduced to 10%. On top of that, the owner continue to back charge me for commission more than they paid me .(Buy backs and customer repairs) I just feel legally, they can not back charge me more than they paid me.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What happened to the original contract of employment? Did it lapse, etc?

Customer: replied 1 year ago.
I'm not sure....but my understanding is that until I receive a new contract I am operating under the current one.
Expert:  Dwayne B. replied 1 year ago.

That would be my assumption too and therefore they appear to be in breach of contract. I think that you have a fairly strong argument that their paying you "negatively" is a violation of the Fair Labor Standards Act as well.

Of course, if you sue them they are going to find a reason to fire you and in Texas they can probably get away with that since it is an extremely pro-employer state.