Terminated, but Questions About Last Paycheck

[kmoon89]

What is the name of your state (only U.S. law)? Minnesota

Hello all, so I was terminated from an all commission-based pay setting ten days before the "Pay period" ended. This means that they still kept me on the schedule until the end of the period and retrieved all returns on my behalf; therefore, I essentially had wages taken out of my last paycheck without me even being there to work -- or should I say not allowed to work there. We have a policy there that if a customer exchanges a product for the same item, the sale would go to the original seller, but honestly...I know my co-workers there, and I know that many of them would not be honest with that policy considering there isn't someone in control of checking numbers.

As of yesterday, I was still technically employed there (1.5 weeks after I was told I was being let go!), and while checking my sales numbers online, of course I noticed that I had lost several hundred dollars that I earned. Shouldn't I get paid exactly what I worked for up to the date of my termination? Or is it legal for them to intentionally keep me "employed" just so my last check would be as little as possible? What exactly should I do about this?

Furthermore, I even have reservations about my termination and if it would constitute as a wrongful termination, but I'll only elaborate on that issue if needed.

 

[cbg]

What does your commission agreement say about how commissions will be treated at termination?

And what makes you think your termination was wrongful (illegal)?

 

[swalsh411]

Be sure to file for unemployment if you have not done so already.

 

[kmoon89]

What does your commission agreement say about how commissions will be treated at termination?

And what makes you think your termination was wrongful (illegal)?

I'm not sure about an agreement, but I was just told verbally "We'll make sure you keep your original sale if something gets exchanged." However, I find it very hard to believe that I've received $2000 in returns and none of that was an actual exchange, meaning that it all came out of my check.

As for my termination, I don't think saying that it was wrongful would be the right terminology, but just that it was unfair..? I know, that just makes me sound like a bitter Betty, but I was "let go" because of a small human error that didn't require termination through company policy, but rather just the new "Store policy." Basically, our store manager said "Do this instead" and the department managers went with that. So, I'm just wondering if I was terminated because she felt like doing so (I was told by fellow co-workers that she had ill feelings about me anyway), and not because of a real violation. I was one of the best sellers in my department, and I did everything you would want an employee to do, so I know that personal feelings were a factor.

Company policy = Three strikes
My store policy = Two strikes

By the way, I worked at Nordstrom if that makes any difference.

 

[cbg]

No, where you worked doesn't make any difference.

Truly, I think you'll have to talk to the state DOL as regards your commissions. Without a written commission agreement, I don't know what MN's laws are with regards to commission payouts.

In 49 out of 50 states, including MN, and sometimes in the 50th, employment is at-will, meaning that either party can end the employment agreement for any reason that does not violate the law. The law does not care whether your termination was fair; it only cares whether it was legal. So far, nothing you have posted suggests that it was not.

 

[kmoon89]

Yeah, I'm not too worried about the termination because I know I'll find work easily even with this as a stain on my resume -- even back with the same company. I was just more curious about written company policy vs verbal store policy.

As for applying for unemployment, I have refrained from doing so since I was still technically an employee as of yesterday, and I have been waiting to see what my last check would look like. The whole thing still doesn't make sense to me..."You're no longer allowed to work here, but you'll remain in the system, so any financial repercussions will still hit you."

 

[cbg]

With limited exceptions, and nothing you have posted suggests that any of the exceptions exist here, they are allowed to violate their own policies.

 

[ecmst12]

You're not working. File for unemployment right away, no reason to wait.

 

[swalsh411]

As for applying for unemployment, I have refrained from doing so since I was still technically an employee as of yesterday, and I have been waiting to see what my last check would look like.

You're only shorting yourself money by doing this.