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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Employment Law
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Experience:  associate attorney
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Can an employer who you have worked for for 14 years at 50%

Customer Question

Can an employer who you have worked for for 14 years at 50% commission on jobs just suddenly drop your pay to a set hourly wage which is 30%.of your previous earnings even though his other 3 shops still operate on the 50% commission wage?
Submitted: 1 month ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 month ago.


Thank you for the information and your question. In Florida, as in most states, an employer may set and change the terms and conditions of employment, including rate of pay, duties, hours, etc., as they choose, absent a written term contract or union bargaining agreement. There are only a few more restraints on their ability to do what you described. One is that they cannot target a particular employee for an adverse action (like reduction in pay) simply because of the employees race, national origin, gender, age (over 40), disability, religion, pregnancy or military service. The other condition is that the change can only be prospective. In other words, until notice of the change is given, the employee must receive their old rate of pay (or commission percentage) for the work they have already done prior to the notice.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above (or pop up), I will receive credit for assisting you. Thank you

Customer: replied 1 month ago.
I need to know if it is legal for my employer of 14 years to drop my wages from 50% commission to a mere hourly wage which projects a 60% decrease in my wages but i do the same work if not harder
Customer: replied 1 month ago.
He has 4 different locations and ours is the only one he did this too- his biggrst cash infusion site
Expert:  Christopher B, Esq. replied 1 month ago.

New expert here. My name is ***** ***** I will be helping you today. Thank you for your question and for using

Yes, the employer can do this minus a binding employment contrary providing to the contrary. Also if a union contract provides the contrary this cannot happen. In Florida, an employee is considered an "at-will" employee and can be fired at will for whatever reason of the employer minus any protected classes that the previous expert described. Another possibility would be for you to examine any written, official policies and procedures the employer has in place. If the employer adopts these then the courts will normally hold them to these policies so the employer most follow these involving pay cuts or compensation. You should this examine any applicable policies to see if this would give you a leg to stand on for a possible lawsuit. To answer your question, yes minus any of the exceptions me or the previous expert have mentioned, an employer may cut the salary of an employee or fire that employee at will without cause with proper notice. Again this can only be done prospectively. Unfortunately this is not always fair but the law allows an employee to also leave their employment at will if that employee feels their pay is not adequate for the work involved. Most likely a lawsuit will only be possible if this cut in pay was due to race, age gender, etc. or if the employer is breaking the terms of a union or employment contract.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated.

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