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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12343
Experience:  Significant experience in all areas of employment law.
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Can an employee be switched from salary to straight

Customer Question

can an employee be switched from salary to straight comission while diagnosed with ataxia?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

How many employees does this company have? Was the employee switched to commission BECAUSE of this medical condition? I very much look forward to helping you on this matter.

Customer: replied 1 year ago.
no not that I know of . 5 employees at the time
Expert:  Patrick, Esq. replied 1 year ago.

Thank you.

With 5 employees, the company would be required to adhere to the Fair Employment & Housing Act. This law prohibits employers from discriminating against employees on the basis of medical disabilities, meaning it would be illegal for an employer to take adverse employment action against an employee because they were disabled. So, if you could prove that the switch to commission occurred BECAUSE of this medical condition and for no other reason, that would be against the law.

However, you indicate that you have no reason to believe the switch to commission is because of the disability. If that's the case, then there is nothing unlawful about the switch to commission. Your employer must ensure that your commissions equal or exceed minimum wage on each paycheck, and must make up the difference on any paycheck where that's not the case, but aside from this minimum compensation requirement nothing you describe is or would be against the law.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.