Can my employer deduct more than they pay me for returned product?

I work in the beverage industry with a distributor that supplies local grocery stores in Missouri. The entire sales force works on a straight-commission basis. For every case I sell, I am paid 4% commission on the case or bottle price.

We have a returns policy for mis-shipped product regardless of the circumstance and in compliance with the laws of Missouri. When a case or bottle is returned, the 4% commission that was previously paid is then taken back, which is understandable.

Recently, however, management has decided that too much product has been coming back and that the fault lies with the sales force. In their effort to remedy the situation, they have decided that they will deduct the original 4% commission from the returned product, PLUS AN ADDITIONAL 4%. Meaning the money they paid me they take back, plus they take an additional 4% out of my paycheck that I earned on the sale of other products that were not returned.

In my opinion, this is theft, and the sales force is looking for answers. Is this legal???

[annjd]

No that is not.

You can discuss with your nearest Dept of Labor office.

And/or have World Law's lawyers assist if need be.

You cannot forfeit pay as punishment in that way.

Thank you for your response. Are there any circumstances under which they can do this?

annjd

i have learned that they will set up a "dispute" process, basically forcing us to dispute every return and get our money back. they say this makes it legal. is this true?

Get your department of labor office involved.

Any time pay is being held back it is very suspect and usually not permitted.