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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I have a question. One line of business our company (based

This answer was rated:

I have a question.

One line of business our company (based in Texas) is in is credit card processing. To encourage staff to sell the processing we were promised 25% of the monthly residuals received, which was then raised to 30%. They have suddenly decided that they think our salary is sufficient and have eliminated incentive programs. This included stopping paying the residuals earned prior to the announcement. Is this legal?

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

In TX, an employer can change the pay rates and compensation at anytime, however any change

wallstreetfighter :

cannot be done retroactively,

Customer:

So, since this was done on income earned from work done in the past, isn't that retroactive? I get not paying it on business booked going forward, but this seems to be refusing to pay for work done in the past under previous commission agreements.

wallstreetfighter :

yes,

wallstreetfighter :

if they made the changes, after the work was performed,

wallstreetfighter :

you may be able to sue them for non payment of wages,

Customer:

Thank you. I appreciate your help.

wallstreetfighter :

however, you will need evidence to show that the compensation plan at that time existed

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback, thank you

Customer:

Well, let me ask you, would over a year of consistent payments under the plan, as well as a presentation explaining to employees how it worked, which they had me give to the entire company, suffice?

wallstreetfighter :

That would be good evidence,

Customer:

Thanks.

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