I have recently come to find out that I have a MASSIVE problem at my work and wondering if any of you on here have any experience with something like this:
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I have worked for a BMW dealership in northern NJ for nearly 3 years now (this july will be 3 years). I have been a technician working in service for the 1st 2 years, and recently switched to the Parts Deparment doing sales and distribution for the dealership over the counter. When I switched to Parts my pay was salary (what I was making as a technician) for the 1st 6 months about. After that period (starting in february of 2009 this year), my boss put me on a lower salary but with a commision bonus. I signed my contract with this new commission to be 0.6% of our total sales for the month. That as in February, and we get 1 commission check every month. So March was my 1st commission check, then april, may and now june. About 5 Days ago my boss came to me and asked what my commision was for april and come to find out he tells me that "they" (i guess payroll) has been paying me 1.3% commission instead of 0.6% and tells me that I now OWE the company $6,800. Now he only thought this happened for 1 month...I then told him ummm no this has been what i've been getting since he put me on comission months ago now. So instead of getting my comission check a few days ago, they TOOK $1,000 of my $1,707 commission check right out of my bank and left me with the $707, as part of their new "payment plan" they put me on. They tell me that they will now be taking $1,000 a month out of my future commission for the next 5 to 6 months until this $6,800 "debt" is paid off.
1) I want to find out if its legal for them to skim/garnish wages like this.
2) my boss signs off on our pay every week and every month submits our commission and paychecks to payroll. Meaning he clearly must be an idiot to sign off on my commission checks that MUST HAVE clearly said 1.3% instead of 0.6%. How am *I* held responsible for someone else's mistake??? Its not my problem nor responsibility to pay off someone else's mistake....
I personally feel, legally and morally that I should not be responsible for this "debt" as I did not KNOW that I was making 1.3% commission. I thought the "extra" commission money I was making WAS the 0.6%. I and apparently my boss only found out about me being "overpaid" this past week. I was not maliciously stealing from the company. So now not only do I come to find out 4-5months later that what I THOUGHT I was making is really cut in over half of that, but on TOP of that now they are taking $1,000 a month out of THAT pay.
As some of you on the mustang forums might know, I recently was in a car wreck in the rain and totalled my 2004 SVT cobra
Let me know what you guys make of this situation.
I already KNOW MORALLY they are in the wrong....but I want to find out if they are LEGALLY in the wrong too.
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I have worked for a BMW dealership in northern NJ for nearly 3 years now (this july will be 3 years). I have been a technician working in service for the 1st 2 years, and recently switched to the Parts Deparment doing sales and distribution for the dealership over the counter. When I switched to Parts my pay was salary (what I was making as a technician) for the 1st 6 months about. After that period (starting in february of 2009 this year), my boss put me on a lower salary but with a commision bonus. I signed my contract with this new commission to be 0.6% of our total sales for the month. That as in February, and we get 1 commission check every month. So March was my 1st commission check, then april, may and now june. About 5 Days ago my boss came to me and asked what my commision was for april and come to find out he tells me that "they" (i guess payroll) has been paying me 1.3% commission instead of 0.6% and tells me that I now OWE the company $6,800. Now he only thought this happened for 1 month...I then told him ummm no this has been what i've been getting since he put me on comission months ago now. So instead of getting my comission check a few days ago, they TOOK $1,000 of my $1,707 commission check right out of my bank and left me with the $707, as part of their new "payment plan" they put me on. They tell me that they will now be taking $1,000 a month out of my future commission for the next 5 to 6 months until this $6,800 "debt" is paid off.
1) I want to find out if its legal for them to skim/garnish wages like this.
2) my boss signs off on our pay every week and every month submits our commission and paychecks to payroll. Meaning he clearly must be an idiot to sign off on my commission checks that MUST HAVE clearly said 1.3% instead of 0.6%. How am *I* held responsible for someone else's mistake??? Its not my problem nor responsibility to pay off someone else's mistake....
I personally feel, legally and morally that I should not be responsible for this "debt" as I did not KNOW that I was making 1.3% commission. I thought the "extra" commission money I was making WAS the 0.6%. I and apparently my boss only found out about me being "overpaid" this past week. I was not maliciously stealing from the company. So now not only do I come to find out 4-5months later that what I THOUGHT I was making is really cut in over half of that, but on TOP of that now they are taking $1,000 a month out of THAT pay.
As some of you on the mustang forums might know, I recently was in a car wreck in the rain and totalled my 2004 SVT cobra
Let me know what you guys make of this situation.
I already KNOW MORALLY they are in the wrong....but I want to find out if they are LEGALLY in the wrong too.