if an employer tells you that youll be paid a certan ammount for work, can they pay you less becauce they made an error that caused them to bill it to the customer incorrectly and make less themselves?

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if an employer tells you that youll be paid a certan ammount for work, can they pay you less becauce they made an error that caused them to bill it to the customer incorrectly and make less themselves?

i am a tow truck driver. at my old company i was told that i was to be
paid 30 percent. but im finding as i look back into what i was paid out,
that they didnot pay me accordingly. calls that were to be billed at a
base of 40.50 being billed at 36.25, incentives that were paid out to my
company that i didnt receive my commision on, ect. also, when the
company finally offered health insurance, he dropped the ammount of
commision paid out, to pay his end of the health insurance, in effect
making us drivers pay for our part, and his, even if they delcined the
health insurance, like i did.

Asked on February 2, 2017 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you did the work with the understanding or agreement you would be paid $X, then they have to pay you $X; otherwise, they are in breach of contract and you could sue them for the additional money. When there is an agreement, whether written or oral (unwritten) that you will be paid a certain amount for working, and you do the work, fulfilling your obligations, the other side then is contractulaly bound to fulfill their obligations. 
If it was an oral agreement (unwritten), it may be changed going forward or prospectively. That is, while any work actually done must be paid at the then-agreed-upon rate or wage, oral agreements can be changed at will by the employer, so they can adjust or change or reduce the pay for future work; the adjustment will be effective once they tell you about it (i.e. for all work after you get notice of the change).


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