QUESTION

What are the laws for this and what can I do on checking how they compute my commissions?

Asked on Dec 09th, 2012 on Labor and Employment - Oregon
More details to this question:
I have a very important question. I am paid a salary, which I think is very good and I get paid commission. When I am paid my commission payment, which is a month at the end of the month, I only get a pay stub that shows my commission and my tax reductions, that's it. It always seems low and I have no way of ever checking because that's all I get. I asked them twice and the first time they said no due to privacy reasons of customer’s information, which I already have anyways. The second time I asked they made a big deal about it, contacted HR and the head of all HR said I could glimpse at the sheet but not be able to print it or see the names or any customer information. That would be necessary to check though and more than a few minutes to verify without printing and adding it up. It was as good as saying no. Keep in mind I am not concerned about losing my job here so if I have to do something to make something right then I will as long as I can collect unemployment, if they fire me. We have hundreds of people like me for this company that feel the same way and I don't mind being the one to bring this all to light.
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6 ANSWERS

Steven Lee Miller
you ask for an accounting so you can reconcile your commissions. I believe you are entitled to an accounting to verify that the amount you get is correct.
Answered on Dec 12th, 2012 at 1:02 PM

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Elder Law Attorney serving Hollister, CA at Charles R. Perry
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California law is unclear as to exactly what information must be provided on an employee's pay stubs as to the calculation of commissions. If you believe that you are underpaid, then you should first do your best to calculate what you believe are your commissions for several recent pay periods, using available information as to sales, commissions rate, and any other relevant information. If you still cannot tell if you are underpaid, then you can contact the California Labor Commissioner to see if they will investigate. Getting the Commissioner to investigate may require the filing of a formal complaint with the Commissioner. If the Labor Commission is unable to help you, or if you prefer to sidestep the Commission for the time being, then you and your fellow employees may wish to contact a private employee-side labor lawyer to write a letter to your company and request additional information on the calculation of commissions. If you are indeed underpaid, then your remedy is a lawsuit for unpaid wages. this suit can be filed either before the California Labor Commission or in the courts.
Answered on Dec 12th, 2012 at 12:47 PM

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I know of no law that governs this. I suspect you have no rights and I don't mind being the one to bring this all to light. That could cause you to lose your job. Not concerned about losing my job here You could be wrong about that. Are you aware how tough it is to get a job in this economy, especially a good paying job?
Answered on Dec 12th, 2012 at 12:47 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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You should make sure you review your handbook/whatever policies and procedures document, your company has. See if it says anything about commissions (how they are calculated, how you cna verify, how they are paid, etc). From there, if you find aything that helps your position, take it to HR. Finally, you need to see if there is a way that you can verify how much in commissions you should recieve. You will need this information or at least a good estimate for any attempts to contest their numbers. Then if HR doesn't balk, you need to contact the NC Department of Labor they have enforcement powers and should be able to force the employer to prove its payments. Unfortunately, no one can give you a path to gaurantee that you get unemployment if your job ends. You need to be careful not to quit without a very, very, very good reason. It is difficult to get unemployment if you quit. And if terminated, you need to make sure you didn't give them cause and that you keep documentation if you want to present evidence of retaliation, if relevant.
Answered on Dec 12th, 2012 at 12:45 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You, and the other similarly placed persons, should see an attorney and determine exactly what to do. You certainly should be in a position where you can verify that you were paid commissions which are do you.
Answered on Dec 12th, 2012 at 12:45 PM

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Kevin Elliott Parks
Commission payments are almost entirely a product on contract law, meaning that the amount(s) you're to be paid are governed by the policies and agreement between an employee and employer. You should be able to request compensation information from your employer directly, including how commissions are calculated and paid by your employer, when those commissions are earned by an employee, as well as information on past commission payments to you individually.
Answered on Dec 12th, 2012 at 12:40 PM

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