Demotion and termination
UPDATED: Sep 30, 2022
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Demotion and termination
I live in Connecticut and the company I work for
offered me a position that is technically a
demotion. Are they required to pay me owed
money salary and commissions in a certain
amount of time if I decline the position and
move on ?
Asked on January 31, 2017 under Employment Labor Law, Connecticut
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It would have to pay you your salary for any days you worked but for which you were not yet paid--but only for the work you did to date which remained unpaid. It would have to pay you any commissions if the terms or agreement under which you worked were that you would still receive commissions earned to date even if you leave employment before they are paid...but if the agreement or terms for earning commissions were that you had to be employed when they were paid to receive them, then they would *not* have to pay you. Either way--to be paid commissions if they were earned, even if you leave before they were paid, or to not pay them if you leave before they were to be paid--is legal; it all depends on the terms under which you worked. (Note: in the absence of a written commission agreement, you can find the terms under which you worked by looking to the practice or precedent at your employer--e.g. what has been done with other employees in the past? Were they paid commissions on departure? Etc.).
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