Is it legal in the state of Texas for an employer to pay comission standard then as bussiness picksup adjust that standard so they pay same or less?

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Is it legal in the state of Texas for an employer to pay comission standard then as bussiness picksup adjust that standard so they pay same or less?

through the last 3 years my pay has been dropping even though up until the recession we have done as well as the year befor or better than the year before by 15-25%. I was originally paid on a percentage of the sales of parts and labor, so as bussiness increased my pay would increase, they adjusted that to pay me on the gross profit of labor instead of actual sales, I took a pay cut but the way it was spun to me was that bussiness is increasing so I wouldnt be affected much. now it has slown down a bit and I am making 1/3 of my original pay do I have any grounds for legal action?

Asked on July 2, 2009 under Employment Labor Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There's probably no legal action you can take against them, as long as they have only changed your payment rules for the future, not retroactively.  Unless you have a written contract, you are an employee at will, which means you could be fired for no reason. So, nothing more is required for something less than firing, like cutting your commission or pay rate.

It sounds like you're a good enough salesman that you could find a job somewhere else that would treat you fairly.  "At will" means that you can quit any time, too.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There's probably no legal action you can take against them, as long as they have only changed your payment rules for the future, not retroactively.  Unless you have a written contract, you are an employee at will, which means you could be fired for no reason. So, nothing more is required for something less than firing, like cutting your commission or pay rate.

It sounds like you're a good enough salesman that you could find a job somewhere else that would treat you fairly.  "At will" means that you can quit any time, too.


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