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Is it possible company to bring you in at a flat rate and

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Is it possible for a...
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: 1 year ago.Category: Employment Law
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1/12/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 1 year ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,344
Experience: Employment/Labor Law Litigation
Verified

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.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 1 year 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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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,344
19,344 Satisfied Customers
Experience: Employment/Labor Law Litigation

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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