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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18809
Experience:  Employment/Labor Law Litigation
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Is it possible company to bring you in at a flat rate and

Customer Question

Is it possible for a company to bring you in at a flat rate and move you to a commision base due to "performance" when there is no paper trail ie. write ups or communication logs?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 10 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

That will depend entirely on the nature of the employment itself. In Texas, they recognize the concept of "at will" employment. That means that the terms of your employment can legally be altered at any time, with or without cause. There doesn't need to be warnings, write ups or anything of that nature. The terms of the employment can just be changed and, in fact, the job itself can be terminated also without cause.

The only way to be outside of this "at will" employment status is to have an employment contract specifically stating that you can only be terminated for cause, or that the terms of your employment cannot be altered without your consent. Then you'd be able to sue for breach of contract for any change of terms without cause.

In the absence of a contract like that though, the changes would be legal unless you can prove that the actual basis for this treatment is your race, religion, gender, age, disability or recent FMLA (medical leave) use.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 10 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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