I work in Sales for a organization, but have been offered another job so have resigned. The company believe they have over paid my commission which I disagree with. They are asking for the full amount back in one lump sum - Question I have is I am going to raise a dispute with HR around why I believe I should have been paid on the 5 or 6 deals in question - which were paid with management approval - However once paid they change there minds / process and put Claw back in place - hence not commission has been earned for last 2-3 months. If I am in dispute with my current employer can they with hold my final Monthly salary when I leave?
Commission Claw Back
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Start by looking at your employment contract. Does it say they may deduct such things from salary?Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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The other document that you need to check is the commission plan that is in place.
Also you state that they "put a claw back in place" when was this notified to you?
Does your comment about not earning commission for the last 2-3 months cover the 5/6 deals they are now saying should not have been paid to you?
If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com
I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.
I do my best to provide good practical advice, however I do so without liability.
If you have any doubts then do please seek professional legal advice.
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