If an employee is paid salary,can an employer just changetheir pay to commission?

My husband makes $50,000 a year and his employer wants to change the pay to 3% of what job he brings in, bills out, and collects on in a month. My husband did not sign a contract or anything with this employer. He would not get a base pay or anything with this plan. He is working for a franchise and his pay would have to depend on insurance companies paying him and independant people paying him. It doesn’t seem right.

Asked on December 1, 2010 under Employment Labor Law, Wisconsin


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, your husband may not have too many rights/options here.  Unless there is a stated company policy contrary to this, or there is a union/employment agreement that does not allow for such action, his employer's action does not violate the law.  The fact is that most  workplace relationships are what is known as "at will employment.  And WI is no exception.  This means is that basically an employer can hire or fire someone for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as they see fit.  In turn, an employee can work for an employer or not, their choice. 

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