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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31733
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I have been working for a company for almost 4 year finally

Customer Question

I have been working for a company for almost 4 year finally received my 2nd raise Jan. I was to be in sales March, which I made happen. In three weeks I not only had the highest in sales but doubled the 2nd place salesperson. Came back from vacation this last monday and was made to sign an agreement that I went from 17.50 per hour to 14.00 per hour. There was never any discussion that if I went into sales there would be a cut in my pay. Seriously I would not have done so otherwise. Is this legal.. I am in the state of CA
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Did you have a contract for a term of years in place that the employer may have violated?

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or other protected status?

Customer: replied 2 years ago.
I finally recieved my review in December where I received a dollar raise. It was agreed that March I would move in to sales. I did. I had over 12000. in sales my 1st month. Came into work Monday April 2nd and was asked to sign a document that I would go from 17.50 and hour to 14.00 an hour as of June 1st. The guy that pulls the commissions report told me no only did I out sell anyone but I more than doubled the 2nd place person, and that is why my income was lowered.
Expert:  Tina replied 2 years ago.
I see.

While it does appear extremely unfair and a situation in which the employer is risking losing a valuable employee by doing this, it would not normally be illegal since there was no contract in place and it does not appear to involve discrimination or retaliation based on a protected status.

Because of the very significant reduction in compensation (about 20% depending on the amount of commissions earned), the employee could reject the lower "offer" and quit, and still collect unemployment benefits. Or, the employee could indicate to the employer that it must restore the $17.50 rate, or the employee intends to quit.

However, it does not appear there would be any legal recourse against the employer for their actions.

Because I help people here, like you, for a living, and this is not a hobby for me, I would sincerely appreciate your abiding by the honor system as regards Accepting answers. Please press the Accept button or smiley face so I will be compensated for my time. I wish you the best.

Thank you,

Tina

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