I am a 1099 contractor for a cable TV provider, can I be financially penalized due to a customer surveys?

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I am a 1099 contractor for a cable TV provider, can I be financially penalized due to a customer surveys?

At the end of an installation the customer receives an automated survey over the phone. if the customer scores me low either on purpose or accidental I receive a charge of $25. Is this legal since the survey is based on opinion.

Asked on July 2, 2014 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If that was part of the terms under which you  were working (e.g. the agreement under which you were hired to do the work), then yes, it is legal--there is nothing illegal about reducing compensation based on customer feedback or opinion. If it was not part of the terms you agreed to, even if only implicitly (i.e. by taking the job after having first been told this was a term or condition), then they cannot retroactively apply it to you, but could now announce it and make it a term of your employment, as a 1099 contractor, going forward.


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