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.). 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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