Employment Law

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Can a company backdate a commission agreement to pay you…

Can a company backdate...

Can a company backdate a commission agreement to pay you less after you have already completed sales for the month. The original agreement states changes can not be made retrospectively but the new agreement has a 1/1/2018 start date.

Lawyer's Assistant: Have you documented this or discussed it with HR?

HR told my Director that executive leadership made the agreement and it is what it is and we are at will employees.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will and FT. The goals were communicated in Oct 2017 and the final incentive plan was signed in Nov 2017 and now 2 weeks before pay out they want to raise the goals and lower the amount of payment.

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Answered in 2 minutes by:
3/13/2018
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 62,848
Experience: Licensed attorney helping employers and employees.
Verified
No. That would be fraud and breach of understanding.A lawyer letter from a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it!By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
What if they terminate my position or withhold my money if I do not sign the new agreement?
If you sue in court you may end up with a judgment. The judgment generally allows you to levy on bank accounts, lien real estate and work with the sheriff office civil enforcement division. Many lawsuits result in settlement - which expect the judge to encourage.You stand to recover not only your actual losses (compensatory damages) but also interest, costs and legal fees. on occasion special damages (punitive damages) are also available.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Great. Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 62,848
Experience: Licensed attorney helping employers and employees.
Verified
Infolawyer and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Will do, ty, the stress of this situation has been almost unbearable, 50k difference with what they promised and what they want to pay!
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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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