Can an employer cut my salary base? Without notice

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Can an employer cut my salary base? Without notice

I currently painting company and get a
619 a week salary. I also work on
commission. I am in Washington State
and I got my paycheck which was cut in
half. When I get a commission sale the
company takes away my salary base. Is
this legal?

Asked on November 4, 2016 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They can't cut it for work you already did: that is a breach of contract, since you did that work pursuant to an agreement (even if only an oral, or unwritten, one) according to which you did the work (or made the sales) in exchange for a given wage or commission. If you did your part, then they are obligated to do theirs, and pay you the then-in-effect rate. If they violate the terms under which your worked, you could sue them breach of contract for the money due you.
Going forward, they can cut your wage, salary, or commission at any time, and the cut will be effective for all work done or sales made from the moment you received notice foward (unless you had a still-in-effect or unexpired written employment contracting guarantying or locking in your pay).


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