Can an employer pay you less on a sale commission job if you do not meet all of the expectations?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer pay you less on a sale commission job if you do not meet all of the expectations?

I currently work in a full comission sales position base on close rates and, the based on answering sales calls but every call that comes in is not a sales call for example, the company have an answering service that have different prompts for customer services,existing customers and sales but no matter what the cx selects the customers calls comes to the sales floor where sometimes we cant even help the customer but the call that we answer or dont answer it will still count against your close rate. The more calls you handle and cant close counts against your close rate. Is that fair?

Asked on August 2, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately, "fair" and "legal" are not the same. It is not fair, most would agree, to reduce your compensation based on being given calls where you can't help the customer. However, it is legal: an employer may legally set up a compensation system where the number of calls you handle and cannot close reduces your compensation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption