Withholding from Final Commission Check - Texas

[jswagman]

My wife recently quit her job of 6 months for which she received a regular base salary plus 10% monthly commissions. Unfortunately her work computer, work phone and several personal credit cards were stolen from her vehicle 2 days prior to her intended day to give notice (for which she filed a police report).

She had already decided to quit prior to the theft so it was unfortunate timing and she struggled with deciding to carry through with quitting, but we determined it was for the best to not let a theft change our life plans. On her final day, she made sure to get the final commission check amount in writing from the employer, which did not include any deductions.

Now the employer is withholding the value of the stolen company property from her final commissions check, which was never discussed or agreed with her.

The withholding does not put her below minimum wage, but like I said, there was no prior agreement to this withholding.

What can we do? The theft was not her fault!

 

[jswagman]

Clarification on theft

Note...she also reported the theft to her employer immediately upon realization of the theft. So they were aware of it at the time of agreeing on the final commission check amount.

 

[LdiJ]

My wife recently quit her job of 6 months for which she received a regular base salary plus 10% monthly commissions. Unfortunately her work computer, work phone and several personal credit cards were stolen from her vehicle 2 days prior to her intended day to give notice (for which she filed a police report).

She had already decided to quit prior to the theft so it was unfortunate timing and she struggled with deciding to carry through with quitting, but we determined it was for the best to not let a theft change our life plans. On her final day, she made sure to get the final commission check amount in writing from the employer, which did not include any deductions.

Now the employer is withholding the value of the stolen company property from her final commissions check, which was never discussed or agreed with her.

The withholding does not put her below minimum wage, but like I said, there was no prior agreement to this withholding.

What can we do? The theft was not her fault!

Is your insurance not reimbursing you for the value of the stolen items?

 

[HRZ]

Is there any prior written agreement related to being issued company equipment that holds one accountable for loss,damage,theft ?

 

[cbg]

I have not checked Texas law specifically on this but in most states, an employer may not make this kind of deduction unless the employee has signed a written agreement permitting it. The fact that this is commission may complicate that slightly but I very much doubt this is allowed. A call to the Texas Workforce Commission would not, in my opinion, come amiss.

 

[jswagman]

There was no prior written agreement. It is a new company and poorly managed from both a legal and a professional perspective. (Major factor in why she quit).

She confronted the company about it today and they told her to put a claim in to OUR insurance. I don't agree with this since it's their equipment, which she used to generate revenue for them. If her personal computer had been stolen out of their office, I highly doubt they'd be reimbursing us or filing an insurance claim. It's just petty.

We'll call insurance and see how it goes but I definitely don't feel that they acted legally.

 

[PayrollHRGuy]

They are not within the law by making the deduction from her check. But they would be within their rights to sue her for the value of the stolen items. They were under her care when lost and since they were in her care your insurance should be the first place you try to collect for the loss.