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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57348
Experience:  Licensed attorney helping employers and employees.
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Can an employer require an employee that is Salary based for

Customer Question

can an employer require an employee that is Salary based for 15 years, change you to commission based? The company has other employees that has the same job that is not be required to do so? They have done this to others in the past when they got older.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Infolawyer replied 2 years ago.
Hello, what is the reason the company is imposing this on one employee?
is there discrimination behind the selection? age based?
Customer: replied 2 years ago.
Sales are done because of the economy but he is the only salesman that they are asking to do this. They have done to the two previous employees when they got retirement age. But my husband is only 58 to he has 4 more years to qualify for the company's full retirement benefits. He has given them the best years of his employment years and they want him to go strictly commissions, which will be impossible to make what he has in the past.
Customer: replied 2 years ago.
sales are down (not done)
Expert:  Infolawyer replied 2 years ago.
Legally, the employer can convert an employee from salary to commission, especially where sales are down.
But if company singles someone over 40 for such treatment, and not others, he has a claim to challenge based on discrimination, and often can get it reversed. First by lawyer negotiation and secondly if needed eeoc/court action.