What to do about false advertising regarding a job?

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What to do about false advertising regarding a job?

The ad stated it was an hourly plus incentive position. The interview conducted stated this as well. I received an offer letter stating a base salary only and when I asked about the commission and incentives, she stated they decided not to offer any. I have already completed a drug test, background check, and credit check. Do I have a case or are they allowed to get away with this type of practice?

Asked on September 30, 2011 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

They can probably get away with this behavior. Employers are allowed to change the terms and conditions of employment, including the amount and type of compensation, more or less at will; thus, since the employer could take away the commission and incentives after you were hired (unless you had an employment contract to the contrary), they can do so before even hiring. If you quit some other job in reasonable anticipation of this job, based on the representations mades about compensation--or relocated, or did something else to your significant detriment--and if the prospective employer knew or should have known you'd do that, that *might* make the promise contained in the ad about compensation legally binding. Or you feel the reason they changed the compensation was due to your race, sex, religion, age over 40, disabilty, etc., that might constitute discrimination. If yolu feel that either of these things happened, speak with an employment law attorney.


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