[jipped]

I am a 1099 insurance agent whom my employer is with holding my pay for a bogus reason. Can I take her to small claims over my commission? I am paid 2 x;s a month so can I do this over and over again?

[Fr_Chuck]

What are they with holding it for ? I would assume as soon as you sue them, they would cancell your contract anyway. So I doubt it will be a issue honestly. But if they don't, if you win, normally that should clear the issue.

If you will explain the issue, do you have a withholding fund to cover charge backs, are you paying back advanced commissions?
In the end you should have a contract with the company, that says what they can deduct and what they can not.

I know on my companies, they will withhold advertising and keep a percentage back for future charge backs, since they are paying a advanced commission, not as paid

[jipped]

I have no contract, and received a collections notice at work that the principle opened and read and wants it "cleared" up before she allows me back in the office! I know that's another issue... but mean while I have NO income. I do not get advanced commissions only paid on what comes in from companies, usually 2-5 months behind I have been there 9 years and my commission checks are between 3-7K per month

[jipped]

I am in a VERY specialized market with a 98% retention, I handel about 95% of my own accounts with CSR's only doing computer input. She is at a HUGE disavantage right now with out me, but that's her problem mine is income...

[froggy7]

So she's not withholding your pay, just not letting you work? Or was the collections notice a request to garnish your wages?

[ScottGem]

I ... recieved a collections notice at work that the principle opened and read and wants it "cleared" up before she allows me back in the office !!

She opened mail addressed directly to you? Does she not realize that violated federal law? Yes you can sue her for commissions owed to you. Your personal financial status has no bearing on the commissions.

[jipped]

The mail was to me C/O her agency,no garnishment, and yes she is withholding my pay. I was suppose to be paid (commission) on the 1st and the 15th as I have been for the last 9 years. On the 17th she told me she was changing pay period to the 30th... jsut a nother control thing, meanwhile I have NO income. I know I can move book, I know I can sue, I am looking for information on all of this from anyone who has had similar situation! Thank You all VERY much!

[ScottGem]

She has the right to change the pay schedule, but not without some notice.

[jipped]

All of your answers helped!! Thank You for your time..