Can a compnay provide you sales targets in CDN dollars but convert to USA dollars then count the conversion to my CDN totals? Doesnt seem right?

My employer is a large USA based software provider. The pay me remotely to grow their business here in Canada. This year, the have tried a new policy making Canadian sales employees have Canadian sales objectives only to have this objectives converted to US currency then counted towards my Canadian totals? I am losing a lot of my conversion rate and my employment contract/agreement says I sell in CDN and recieve CDN. So how can they convert to US and not pay me in US? They can’t have it both ways can they??

Asked on June 11, 2018 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you have a written contract for a defined or definite period of time (e.g. a one-year contract) which is still in force (not expired), you can enforce its plain terms. If you have such a contract and believe its terms help you, which you apparently do, bring it to an employment law attorney to review with you. The exact terms of the contract are enforceable against your employer, so you need a lawyer to review the contract to determine exactly what your rights are.
If you don't have such a contract--which includes having something in writing which is not for a set period of time, which means it may be changed by your employer at will--your employer is free to define your commission plan however it likes: employee compensation generally, and commissions specifically, are under employer control except to the extent set by the terms of an in-force contract. Without contractual protection, this would be legal.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you have a written contract for a defined or definite period of time (e.g. a one-year contract) which is still in force (not expired), you can enforce its plain terms. If you have such a contract and believe its terms help you, which you apparently do, bring it to an employment law attorney to review with you. The exact terms of the contract are enforceable against your employer, so you need a lawyer to review the contract to determine exactly what your rights are.
If you don't have such a contract--which includes having something in writing which is not for a set period of time, which means it may be changed by your employer at will--your employer is free to define your commission plan however it likes: employee compensation generally, and commissions specifically, are under employer control except to the extent set by the terms of an in-force contract. Without contractual protection, this would be legal.


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