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Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16294
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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Can an employer eliminate a persons job and then require

Customer Question

Can an employer eliminate a persons job and then require them to take a position for less money in order to collect commissions that are pending?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Legalease replied 7 months ago.

Hello there --

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Unless you are a member of a labor union (which gives you protections pursuant to a union contract) then you are an employee at will and you can be terminated for any reason or no reason whatsoever. The only reason an employer must give you a reason for a termination is so that they can try to justify your termination to the unemployment department and try to keep you from collecting unemployment if you were terminated for any cause that the employer can dream up. If the employer fails to report a valid reason for termination and it is genuinely a layoff you will be able to collect unemployment benefits.

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However, if you have already EARNED certain conditions as part of your current/previous employment then the employer is bound by labor law to pay those commissions out to you -- they simply cannot terminate you and keep your already earned commissions at their pleasure. If they try to do this, you should file a written complaint against the employer with the US Dept of Labor for wage and hour violations.

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So, as far as terminating your current position and offering you a lower paying position elsewhere, the employer has the right to do it and if you refuse the position and it is in a 50 mile radius of your home, unemployment benefits can be denied to you because it is the same or similar job -- just at a lesser salary. (Even unemployment is reasonable regarding travel aspects and you are not required to travel more than 50 miles each way for your new job every day -- under those circumstances you can get unemployment benefits).

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Please let me know if you have further questions. If not, can you please press a positive rating so I will be paid for my time assisting you this morning. I am paid nothing unless you press the middle star, or the fourth or fifth star to the right of the middle star in the rating box above these chat boxes. THANK YOU VERY MUCH !!

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MARY

Expert:  Legalease replied 7 months ago.

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Hello again --

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Do you have any further questions for me on this topic? If not, can you please press a positive rating above these chat boxes in the star rating section? I am paid NOTHING unless you press the middle star or the third or fourth star to the right of the middle star above in the ratings section. Doing so will not cost you additional money -- it is simply the trigger used by Just Answer to pay me for my time assisting you with this question. Otherwise, I am paid nothing. THANK YOU VERY MUCH

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MARY