QUESTION
Is it legal to refuse to pay a service advisor if they were absent from work but their tickets closed out?
Asked on Jan 02nd, 2024 on Employee Benefits - Texas
More details to this question:
My boyfriend is a service advisor at ford in McKinney Texas. He recently took a vacation and multiple of his customers cars were finished being worked on and they paid for them with the cashier since he was absent. Per sale he gains commission, based off what it is; which is the ONLY pay he makes is commission not hourly. His job is refusing to pay him for whatever commission he’s supposed to make based off his sales because he was absent. Is this legal?
1 ANSWER
Commercial Litigation Attorney serving Frisco, TX
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Reid Dennis & Frick, PC
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The answer to your question depends on the terms and conditions of your boyfriend's commission agreement with his employer. Ordinarily, if a commissioned employee has done everything required to earn a commission according to the terms of his agreement, an employer cannot arbitrarily withhold payment. But it is possible given the nature of his position that he does not earn a commission on service until a customer has picked up his vehicle under the terms and conditions of his agreement. I can see where an employer in that industry would want a service advisor to be physically present to answer a customer's questions and explain what service was done, and what service was offered but rejected, when the customer shows up to pick up his vehicle. But it all depends on the language of the agreement.
Answered on Jan 02nd, 2024 at 2:57 PM