If I was employed almost 2 years ago and had a contract that stated my base pay and commission structure, can my employer unilaterally change it?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was employed almost 2 years ago and had a contract that stated my base pay and commission structure, can my employer unilaterally change it?

After 1 year of employment, I asked for a raise and was given $3K more per year. At the end of last year, I had made $5K in commissions and my employer deducted the $3K and is only trying to pay me the remaining $2. Is that legal? There was never a new contract written up saying that my payments had changed.

Asked on February 10, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A definitive answer will require you to bring the contract to an attorney who can review it with you, since contracts are governed or controlled by their exact terms and language. That said, as a general proposition, no...the employer is bound by the terms of the contract and may not unilaterally (on its own; without your consent) change the terms of that agreement to reduce your commission or offset other compensation against it.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption