warning letter

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warning letter

I was to be promoted. My boss gave the job to someone else. Last night we got
in an argument about it on the phone. This morning I was sent a Warning Letter
about my conduct. He wants me to be more respectful and I understand the
situation except…

He added a paragraph in the letter stating that If there is one more incident
regard the situation that I would not be paid my commissions that I have earned.

This would change the agreement in my hire package.
1. Can he do this?
2. If he makes up a reason to terminate me how can I get my commissions?
3. Will signing this change my hire agreement?
He owes me immediately over 90K in commissions. Plus future commission
totaling 10 times that. I think this was a way to not pay me. He would promise
me a promotion, not give it to me, and then write me up…knowing I would be
upset.

Asked on July 15, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your boss cannot retroactively change the terms under which you worked and earned commissions: you must be paid for anything earned to date, per the commission terms in effect when you did the work, and you have to be paid even if you are terminated. If you are not paid, you can based on breach of contract--that is, violation of the agreement, even if it was oral or unwritten, pursuant to which you did the work. Given how much is at stake, if you need to sue, you are strongly advised to retain an attorney to help you.
Going forward, your boss may change your commission terms for any work not yet done or sales not yet made, so long as your commissions are not locked in by a written contract for a definite period or term.


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