Can my employer cut my residual income form commissions if I am absent due to illness/vacation ect

I am a salaried employee who gets commission on top of a small base. Recently my employer started to deduct my residuals by the days I am absent/late ect. (I am 8 months pregnant, going on leave tomorrow....they said they wont give me any residuals while I'm on leave and some of my absences are due to DR's apts.) They say its because I am "unavailable to service my clients" which is untrue because they have access to my cell phone which I don’t get reimbursed for and most clients don’t call us anyway, they call support. I didn’t sign anything agreeing to this and it just started in January but I've been receiving residuals since June of last year. Is this legal? Can they make commission only employees have a set work schedule? Also, we are telemarketing and they currently require you to stay after hours with no over time pay to work proposals. We aren’t allowed to work them during the day & if you don’t stay they stop filtering proposals to you. Is this legal? Thanks!!

1 answer  |  asked Jun 3, 2010 11:54 AM [EST] in Wage payment  |  applies to California

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Answers (1)

Elisa Ungerman
This is too complicated to answer in this forum. You need to seek the services of a competent labor/employment attorney. since you are pregnant, there may be discrimination implications depending on how other employees on leave are treated. There may also be labor code violations. For an attorney near you check the CELA.org website.

posted by Elisa Ungerman  |  Jun 3, 2010 12:16 PM [EST]