I worked for a car rental company as a rental agent...A former employee stole a rental car out of the service department in April and was not caught until the first week of August...(the car was sent to the service dept for repair/maintenance)...now my former boss is withholding my commission checks from June/July/August to pay for the cost of rental she lost during that time....I find this to be unfair (since this is money I earned) and I would like some additional points to strengthen my argument that I should not be punished for the other guy's indiscretions...do I have any legal argument for her not paying me...
Justin
2007-08-24 08:49:54 · 15 answers · asked by JustinCider 2 in Politics & Government ➔ Law & Ethics
to hillary --no written contract was ever offered or signed
2007-08-24 09:36:10 · update #1
to michael--I was not connected to the thief at all...he stole the car out of the service department ( the car had been sent for maintence) but since I didn't realize the car was missing at all from the 1st week of may until the 1st week of august my boss used that as a reason to fire me for not being responsible enough
2007-08-24 09:39:33 · update #2
to brain- I was already fired form the job and unfortunately there is no employee manual/contract...
2007-08-24 09:40:57 · update #3
to pufferoo--the employee was a porter who moved cars around the lots and different departments (service-showroom-car wash-rentals) and I was not in a supervisory position over him...
2007-08-24 09:44:02 · update #4
to jtyce-- the car keys were in the service department since the car was in their care when the car was taken...
2007-08-24 09:45:22 · update #5
Search for an attorney. You may have a case involving inappropriate termination of employment
with malice. Your case could also affect your future employment opportunities thus lessening your future income which in the long term affects your social security retirement income.
In the meantime, don't post anymore to your co-workers and don't discuss this case with anyone but an attorney.
2007-08-29 18:33:37 · answer #1 · answered by cbsmith300 3 · 0⤊ 0⤋
Absolutely. I'm sure you have a contract somewhere that specifies what you get for commissions, and unless it says that the money can be withheld at the manager's discretion, then they can't do that.
Tell your boss that you want that money or you're going to go to a lawyer, and then follow up by actually consulting with one -- I'm sure you can find an employment lawyer in your area to represent you on contingency.
You really don't need any other points to argue -- the money is yours and this guy stealing from the company is completely unrelated to you and your commissions.
Furthermore, I'm sure that as a rental car company, it has insurance against employee theft or other fraud. They don't need to take it out of your pay to make up for someone else's crime.
2007-08-24 08:56:42 · answer #2 · answered by Hillary 6 · 0⤊ 0⤋
did you have anything to do with the service department? If not, then she fired you wrongfully, and you should be able to sue for your commission lost.
You are not responsible for any other employee, and the supervisor should be punished, not the employee. Appeal to higher-ups in the company. Use the info provided by your clever answer buddies. You may be able to get her in a lot of trouble, and even potentially uncover a corrupt person, which may help you more than you can know.
Good luck. There are laws to protect people. Take the company to small claims court.
2007-08-31 13:31:36 · answer #3 · answered by Kathryn P 6 · 0⤊ 0⤋
sounds like there's more to this than we here can decide. I suggest if your commission check was a big one then you get an attorney to get your check. If on the other hand you feel your employer is taking the theft out on you then you need to discuss that with your attorney. However taking that to an attorney will indicate that you are sensitive that maybe you have done something wrong and the attorney will be suspicious. So the employer has you over a barrel. You can however take this to small claims court if your amount is under $5,000 and represent yourself (you don't need an attorney in small claims court) but you must have "proof" that you earned that money to win your case. And you must pay court fees up front, and if you lose you probably will have to pay for your employer's attorney.
2007-08-31 21:59:51 · answer #4 · answered by sophieb 7 · 0⤊ 0⤋
If you never had any authority over the thief and your job did not require that you should have known what the other employee was doing (and you had no actual knowledge), I don't see what right she has not to pay you your commissions. Go see a lawyer. If your company's legal department knew about this they would probably have kittens.
This is what BUSINESS INSURANCE is for, for God's sake!
Good luck. Don't let the company get away with violating the law (if that's the case where you live)
2007-08-24 09:02:39 · answer #5 · answered by pufferoo 4 · 0⤊ 0⤋
Justin, I would first get a copy of your employee manual. Take it and copies of your checks (if she is already garnishing your wages) and head straight to your State's Labor Department (call 866-487-9243). They will file a claim against the company and they will have to reimburse you every penny. Plus, not to mention put her in the bad with her company. If they are this desperate it is probably a sign that their company is not doing well. You may want to also seek employment elsewhere, although I know that it isn't easy. Good luck and don't just sit there and let this happen, you have rights!
2007-08-24 08:59:49 · answer #6 · answered by Brain 4 · 1⤊ 0⤋
You are not responsible for the illegal activities of any of your colleagues or subordinates unless you participated in the crime or witnessed it but did not report it. And even if those statements are true- you would be subject to correction and or dismissal from the company as well as legal action. Contract or not, the company cannot dock pay or commission. Plainly, if I work as a bank teller and my co-worker robs the bank , I am not culpable in anyway unless I had previous knowledge of the crime, assisted in the crime, or held back evidence or eyewitness account to protect the other employee. Call a lawyer IMMEDIATELY!!!!
2007-08-31 17:33:33 · answer #7 · answered by Anonymous · 0⤊ 0⤋
The labor board will love this but having worked for a car rental business I am wondering if your employer is holding you responsible due to the fact you should have had the keys sercure. Where they locked up and the former emp. still had access due to your boss not changing keys/codes? Do you have access to the comissions agreement? Can you call corperate for it? You will need it and all checkstubs. You may also need your averages to prove your bonus amounts.
2007-08-24 09:08:57 · answer #8 · answered by jtyce 1 · 0⤊ 0⤋
No, your boss is not allowed to withhold any pay.
It doesn't matter if you didn't have a contract, 90% of the people employed, don't have employment contracts.
You need to call you boss and tell him, if your not paid, your going to the state labor dept and file a griviance.
Also, if you know your boss's boss, call or e-mail them about the situation.
The state labor dept will investigate, they will see the bonus's on past checks, and make the calculations from there.
2007-08-24 09:54:51 · answer #9 · answered by jeeper_peeper321 7 · 0⤊ 0⤋
It is against the law for employers to not pay your wages. So if you think that she is withholding your checks on purpose for her losses on another's employee and whom you have no relationship whatsoever, you can use it in your arguments to call your attorney. Most people will get afraid by that and give you your check, so you don't have to go through all that trouble.
But if you should get an attorney, speak with them, and they will give you appropriate suggestions.
(and make sure she doesn't have any arguments on her part, like working illegally or something)
2007-08-29 20:26:29 · answer #10 · answered by Vienna 3 · 0⤊ 0⤋