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Witholding Paycheck

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MPS51

Junior Member
What is the name of your state? Pa

I was recently hired as a Sales Mgr for a pre-owned auto dealership and at the end of 3 mos was promoted to General Mgr. I was paid a weekly salary plus draw and the bonus was to be determined quarterly, 20 % of net of the entire store which would then be applied against the draw . After about one month the owner started making comments that I made more than her. At six weeks, 2 days after the pay period ended and 3 days before I was to be paid (which was bi-weekly) she called me into her office and fired me stating that "things weren't working out". We had 22 cars sold in January and based on my comrades in the business, that was a very good month. She then told me that I would receive a check (this Thursday). Thursday came around and when I called her she told me that I was not getting paid, in fact, she told me that I owed her money.

We have a written contract based on my salary plus a percentage of the net on a quarterly basis. . I would like to ad that since January she has had a contractor in the dealership remodeling the service department and she had planned on tiling the entire showroom, adding new desks, etc.

She also kept me on 2 days following the pay period, one day which was a holiday. She also had hired a sales manager while I was still on but I was told he was the new f&I guy.

question: Is she obligated to pay me my salary for the last 2 week pay period of which I worked 6 days a week/over 60 hours per week. thank you.What is the name of your state?
 


Betty

Senior Member
We can't read your contract but if you are due unpaid wages, you can put in a claim with your state's DOL or sue in small claims court. You can sue for up to $8,000 in small claims court in Pa. (Philadelphia $10,000).
 

MPS51

Junior Member
Unpaid Wages

The contract reads Salary $xxxx weekly, Draw against Commision $xxxx weekly

Commission Schedule: 20% of the net profit paid quarterly.

also, she did not deduct any overpayments during the 6 weeks.
 

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