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Can my employee charge back commissions on returned product,

Customer Question
Can my employee charge...

Can my employee charge back commissions on returned product , if there is not a clause in my commission statement and if the poduct is ober 1 yr old?

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

I have with my CTO

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

It is at will, full time

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

I think that is the jist of it

Submitted: 8 months ago.Category: Legal
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11/17/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience on this. The answer to your question is no, an employer cannot deduct wages based on a returned product. This is considered wage theft. If they have paid you for something, but it has been returned, and you have no separate agreement stating that they are allowed to do such a thing, then the employer cannot take back those wages. Accordingly, you may be able to either file a complaint with the department of labor or you may just want to demand your money back.

There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me?

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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).

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