Saturday, December 20, 2014

Is a straight commissioned person OBLIGATED to take on more commission work if they're only paid if a sale comes in. In other words, a lot o...

Question

Is a straight commissioned person OBLIGATED to take on more commission work if they're only paid if a sale comes in. In other words, a lot of time is spent but you only get paid if a sale is made.



Answer

Your question is not entirely clear. If you're asking whether a straight commission salary/wage is legal, the answer is, in many cases it is. It depends on the nature of the job. If you're asking whether a person can be forced to work, the answer is, no. Last I checked, the 13th Amendment of the U.S. Constitution has not been repealed. :) But seriously, please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.



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