I am a Commission + Base sales associate at Sears. I was recently asked to leave my commission-able department to assist in an area in which i would not make sales. I was asked and said no, and further expressed my concern of " moving me out of my commission-able department would take away any opportunity to sell and would negatively affect my income" I was then threatened with an accusation of insubordination. I expressed to
Is it legal for an employer to take you out of your commission based department during work hours?
Answers
Based on what you wrote, there is no problem with what your employer is doing unless you have a job description which explicitly states they will not ask you to work in a non-commissioned based area. But most job descriptions contain common language such as, "all other tasks as assigned." This last phrase provides employers with much latitude in their assignments.
Your statement, "I was told other commission departments did what was asked of them and worked outside their commission-able departments" and "I have heard from other team members their complaint about this same matter." These two sentences show that you are not unfairly being singled out.
I do not believe you have a choice, if you wish to stay with that employer.
I think the only complaint (and one that would not go through governmental administrative departments or the Courts), which should be voiced to senior management is the way your were treated, which, based solely on your description ("brought to a dimly lit office..."); just is not professional (assuming all the offices are not dimily lit).
Will your complaint get any traction - possibly, but for you - I doubt it.
I believe its time to seek alternative sources of income.
You caught my attention with “dimly lit room”. I think you should contact HR and ask about the policies rather than waiting for them to contact you. While I can see your point of view that your commission earning rights may have been infringed, you aren’t commission only. Your company also has customer service goals that will often trump retail employee’s working preferences during the holidays. Best of luck to you!
Rosasiela, service industries rely on a flexible workforce to ensure the customer experience is not compromised. At times the temporary reassignments you described should be expected. Employee relations issues need to be resolved / diffused in a private setting and based on your statements there needs to be a discussion to understand why it was handled in the manner it was and the effect it had on you. At the end of the day, if you want to turn this situation around and get back to having a financially rewarding part-time position at Sears, clear the air with individuals involved and if necessary have HR facilitate the discussion.