Is it legal for a car dealership to charge a salesperson for a customer's bounced check?

Question

My mother is an assistant for the top-selling sales person at a local car dealership. It is a reputable dealership, and is one of the largest in the area. A customer of theirs had written a $1500 check (i'm assuming down payment). They were financed and were allowed to take the vehicle home. The check ended up being returned for non-sufficient funds, and the dealership took it out of the salespersons pay. They recieved a memo several months ago stating such penalties, but is this legal? What kind of action should be taken? I would appreciate any and all comments. Thank you.

Answer 1

Man, that bites.  I would contact an attorney.

Answer 2

There's often very few laws concerning these things.  So it is probably not covered by any law.

What is ILLEGAL is if one (or few) employee is being treated differently from another.  For example, if the executives are getting free lunch, and the rest of you are not, that is illegal.

So if all the sales person are being penalized the same way, it is probably not much you can do.

Good luck...

Answer 3

Not everything spelled out in an employee handbook is legal.

Definately call an attorney as I would imagine that is not kosher.

Since the check was presumably written to the dealership the rep has no way to take the writer to court for the fees.  The dealership has that right.  And an amount that large is a federal offence.  In addition, they dealership can take the car back when a check bounces.

The dealership is trying to get away with something and if it were my paycheck I woud protest.