If the terms of my commission structure changed and they did not have me sign a new commission agreement, is the old commission agreement still active?

I am in the midst of a unpaid commission wage dispute with a former employer. I signed a commission agreement 3 years ago and then the terms of the commission arrangement changed lst year but I never signed a new one. The new commission agreement was in part honored, up until I put in my notice, now they are reverting back to the old commision agreement. I have documentation emails of them referencing the change but do not have them referencing the details of the change. I’m about to file with the labor department, does them not having an up to date agreement work in my favor or theirs?

Asked on July 19, 2012 under Employment Labor Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, if you did not sign the new commission agreement but had one in place that you had previously signed, then it would appear that under the laws of all states in this country that the commission agreement signed by you and the company that you do work for would be in effect.

Since you did not sign the new commission agreement, you cannot be bound by its terms and conditions under the law.

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