Is it legal to take money from my check?

[Melbisbell]

What is the name of your state?TN
I was employed by Curves, a fitness facility for women for over one year. I was promoted to Assistant Manager about 3 months after we opened. I remained such until my termination. My termination was one day after I questioned the legality of my employer to take back a commission that was paid to me previously, because the member did not retain her membership for 6 months. Is it legal for him to fire me over that question and is it legal to garnish my wages in such a way?

 

[Some Random Guy]

Unless you are a member of a protected class and you can demonstrate that you are terminated because of that, you can be fired for anything. You can be fired for not smiling enough. You can be fired for smiling too much.

As for the commissions, what does your contract, employee handbook, or other company provided documentation say about commissions? Since commissions are an important part of your compensation, I assume you have the commission policy in writing, correct?

 

[Melbisbell]

TN

The only thing that was said in the contract about commissions was how we were to attain them. As to that, he still did not give us the 5% of sales that it was reported that we were to get. His response was that he was to give commissions at his discretion. I made a copy of our contract without his knowledge before I was terminated and it made no reference to not getting the 5% or taking away any commissions.

Any comments on any of this?

 

[Some Random Guy]

Well go over your past commissions and see how much money ou are talking about. Is it worth your time to try to get the extra cash out of him?

Try contacting the TN department of labor and see if they have any helpful hints. I wonldn't expect them to be too helpful because they would be more interested in helping people with unpaid wages rather then those with unpaid contractural obligations, since that can ba a matter or interpretation.

 

[submetropolis]

They can take money from a check and will do so.
BTW if you have direct deposit they can take money from your bank account as well.

 

[pattytx]

And just to clarify things, this was not a garnishment. A garnishment is a court order addressed to the employer requiring them to deduct from your pay in order to satisfy a debt to another company, such as Sears or GMAC. An employer cannot garnish his own employee's wages.