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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Default Can an Employer Withhold Commissions

    My question involves labor and employment law for the state of: ohio

    My company allows branch managers to withold 50% of commisions to be held and paid in a bonus at end of year. I was terminated in November and I have not received my bonus (commissions earned while employed). Their rebuttal was "at will" employment and I am not entitled to the commissions. Is this correct?

    Also, part of my commission was used to pay bad debt. I know of nothing in the company hand book that says they can use money I earned to cover bad debt..i.e. companies who we extended credit too who have now defaulted on that debt. Can they do this as well?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can an Employer Withhold Commissions

    I can't read the employer's bonus policies, or the terms of your employment contract (if you had one apart from the general policy) from where I'm sitting. Without reading the policies, I cannot tell you what your employer is contractually required to do.

    I am not sure what you mean, in your second paragraph. Are you asking if the employer can decline to pay a commission on a sale you made on credit, where the customer never paid for the purchase? Odds are, but again you have to read the policies.

    Take the documentation to a plaintiff-side employment lawyer.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Can an Employer Withhold Commissions

    Do you have a commission/bonus agreement (contract)? If so, have it reviewed by an employment or contract attorney in your state as suggested.

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