Boss Threatening To Take Commissions From Employees

Location: Virginia

Good morning everyone. I've run into a bit of a situation at work and I was hoping to get some advice or direction.

For context, I work as a service advisor at an auto dealership. I'm the point of contact and the bridge between technicians and customers. I check in cars, write estimates, sell repairs, that sort of thing. My position has a small weekly salary, but about 90% of my pay is commission based. I make a percentage based on the gross profit of each repair order I write, regardless of warranty, customer pay, or internal.

The problem comes as my boss has been on a tirade lately about clerical errors on repair orders. This could be anything from notes not added properly regarding future services, prior approval forms not being stapled to the paperwork, parts sign offs (which is the technician's job) not being done. To be clear, none of these errors are things that hurt the customer. We aren't talking about over charging or under charging. These are clerical errors. And in a fast paced industry dealing with 30 people a day, it's natural for mistakes to be made. We all make them, including her.

My boss has come out and said that starting next week, any time she finds a clerical error on a service advisor's paperwork, whether it be mine or someone else's, she will be switching the repair order into her name and closing it out and we will not be paid on it. Is this legal? And what are my options or my next move here? All of the paper trail is in my name right up until she switches it and closes it. Nothing in my pay plan that I signed makes any mention of this at all. Can she even legally do this?

Thank you in advance for any insight you can give.