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Alberta-I was hired as a sales manager in april 2013- From

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Alberta-I was hired as a sales manager in april 2013- From the 1st day I was led to believe I would receive 3-9% of all gross sales i did. I did about 1.6 million in sales. After 3 months of sales and being paid 100K in commission head office said I should have been paid 3-9% of gross profit not gross sales which would have given me about 10K in sales commission. If my office manager and her boss had paid me for 3 months sales commission based on gross sales and verbally had told me many times that I was paid on gross sales, 1-can they ask for me to pay back the difference if from the day 1 I was paid based on gross sales 2- Would I be entitled to be paid based on gross sales of any sales I wasnt paid out up until the so called pay error?.



























































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Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

The dispute is on what was agreed as your compensation. If you had an agreement that you would be paid on the gross sales, then there is legal authority for the employer to demand repayment. You have a contract setting out your basis for compensation.

Certainly the fact that you were told many times that this was the method of determining your pay and that the employer paid you on this basis for several months makes it hard if not impossible for them to now claim that this was an error and that you were to have been paid on gross profits. Certainly they can argue that was what they intended, but it is not what was agreed. So providing that you can prove that this agreement existed, they have no basis to seek to recover any back payments, nor to withhold future payments. And if they are now saying that you will be paid from now on n the much lower gross profits, then you could possibly quit and sue for constructive dismissal. That lawsuit is possible where an employer had very significant altered the terms of the employment without adequate notice o an employee. But the amount of notice required for a person with just a few months service with the employer would not likely be more than a few weeks with the idea that you should be allowed some reasonable time to find alternate work if you don't accept the new employment terms. So the amount you could sue for would likely be limited to several weeks of compensation. If you are successful that would be based on the gross sales, not gross profits.

I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
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