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?
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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 8 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.
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