Employer withholding “discretionary” dollar amounts.?
Until last week, I worked as a sales manager for a mortgage company in Scottsdale, AZ. I managed a team of loan officers who worked on leads purchased by the company. I didn’t not ever personally utilize the company provided leads and had referral business. My contract stated that I would be paid 70% of the gross revenue generated on my own business. It also stated that I would be paid a management “override” on what the team I had supervised produced less certain percentages of their marketing expense. There were 2 separate components to my pay plan.
When negotiating my position, I made it very clear that I would not want my own production affected adversely in the event the team’s production wasn’t enough to cover their costs. My pay plan was written this way and addressed the 2 separate components of my pay plan.
My team’s volume fell short during a couple months and my Manager withheld close to $ 7,000 of my pay that would have fallen under my separate 70% plan. This was against our verbal and written agreement, but I was told (by her) that she can withhold whatever she deems appropriate.
Do I have any recourse?