I am skeptical about an interview I just had. The job is supposed to pay salary of 660 biweekly, or at least that is what I came away with. There is supposed to be incentives ranging between 50 and 250 per sale made. During a follow up call I asked if the position I was applying for was commission based and my interviewer simply stated "no." Does this statement carry any weight? Can I be presented with an employment contract-after three days of unpaid training-saying that I will be paid only by commission?
This is an employment/labor law question.
Please note, the above answer is for general informational purposes only and does not create an attorney-client relationship with this attorney or her law firm.
It depends on what kind of sales you do. You need to meet with an employment attorney in your area. If you are performing outside sales, you may be an outside sales exempt, the employer may have no obligation to pay you anything but commissions, and have no other obligations. However, if you perform inside sales, you must agree in writing to the commission agreement, only certain deductions can be made from your pay, and you may be entitled to pay for overtime work.
Speak with an attorney in your area. The specific facts about your situation need to be reviewed. ust be paid for overtime work.
This communication is not intended to be privileged or confidential within the meaning of the California Rules of Professional Conduct and related state rules of professional conduct pertaining to attorney-client communications, nor is it intended to be legal advise.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline