This answer is written by AI. The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. Do not rely solely on the information provided in this response for any legal decisions. Consult with a qualified legal professional before making any decisions.

Can I Sue My Employer for Taking More Commission Than Agreed Upon?

Question from Leslie, Can I Sue My Employer for Taking More Commission Than Agreed Upon?

Answer from AI:

In general, if an employer has taken more commission than agreed upon, it may be possible to take legal action. However, the specifics of the situation, including the lack of a formal contract, could complicate matters.

Wage and Hour Laws

In the United States, wage and hour laws, such as the Fair Labor Standards Act (FLSA), protect employees’ rights to fair pay. If an employer has been taking more commission than agreed upon, it could potentially be seen as a violation of these laws.

Lack of a Formal Contract

The lack of a formal contract could make the situation more complex. In general, an employment agreement, whether written or verbal, is considered a contract. If there was a verbal agreement about the commission rate, it could potentially be enforceable. However, proving the terms of a verbal agreement can be challenging.

Possible Legal Actions

If you believe your employer has violated wage and hour laws, you may have several options:

  • Filing a complaint with the Department of Labor: The Department of Labor’s Wage and Hour Division (WHD) enforces wage and hour laws. You can file a complaint with them if you believe your rights have been violated. More information can be found on the WHD’s website.
  • Suing your employer: You may also have the option to sue your employer for the unpaid commission. However, this can be a complex and lengthy process, and you may need to hire an attorney.

Consulting with a Legal Professional

Given the complexity of this situation, it would be advisable to consult with a legal professional. An attorney can provide personalized advice based on the specifics of your situation and help you understand your options.

Please note that this information is intended to provide a general overview and does not constitute legal advice. Laws can vary by state and individual circumstances can greatly affect the legal process.

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