Employment Law

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I accepted a sales position Nov. 2017 and took a

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I accepted a sales...

I accepted a sales position Nov. 2017 and took a considerable cut in pay due to the fact that my compensation was largely in total profit sharing. A week before I started, the owner of the company told me that we were in a serious hiring crisis and asked if I could help recruit new employees until we hire someone. I accepted and now 4 months later, I am only doing recruiting since we cannot service and new accounts. The owner is in no hurry to address hiring issues that keep us struggling and there is no sense of urgency to get me back in the original role I was hired for, therefore I am unable to grow my paycheck at all. I am struggling financially and am even paying for insurance benefits out of pocket. Everything I was told was a lie and he has done this to every sales person he has ever hired. At least 3 others in 2017. I have a great resume and I am looking for different employment....but I have a non-compete for the industry that I have built my reputation and have 2 months to go before its up. I feel duped and stuck.

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

We are a small company and there is the owner of the company and we have had a plethora of conversations regarding this and nothing has changed. I live in an at-will state, so I have not yet spoken to an attorney.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes, I am an "at will" employee and no union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He promised me months ago that he would type up my offer letter and I never received it, so I have no documentation regarding my offer.

Submitted: 2 months ago.Category: Employment Law
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Answered in 20 minutes by:
3/22/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 2 months ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 939
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. I am working on a response to your question and should have that to you shortly.

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Employment Lawyer: Attorney Wendy, Lawyer replied 2 months ago

I am really sorry you are in the position; I am sure it is frustrating. Unfortunately, there is nothing that really legally requires a job be as it was described when offered unless there is a written job offer and, even then, in at-will employment states - where either the employee or the employer can terminate the relationship with or without cause at any time - the employer can change your job duties and if you are unhappy, essentially take a "take it or leave it" attitude. It is incredibly unfortunate when that happens as we all rely on what we are told in making decisions like whether to accept a position or transfer to a new position. That said, I am assuming (and do correct me if I am wrong) that if you have a non-compete that has almost expired it is from a prior employer. If that is the case, it may be worth planning an exit strategy to move back into your field, using this next two months fully to explore your options so you have plenty of time to find the right fit, either while staying with this employer or not.

If you have any other questions or would like me to take a look at your non-compete for any input there, you can just reply to this email. If I have answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

​Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 2 months ago
Thank you for your reply. I do have one more question - my salary was solely based on my position as the Director of Business Development - with that said, he knows I am not doing that job but my pay is dropping slowly because we are losing business even though I am not doing those duties.
Employment Lawyer: Attorney Wendy, Lawyer replied 2 months ago

Can you let me know what state you are in and are you now strictly salary, hourly or commission? I may be able to provide you more information specific to your state.

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Customer reply replied 2 months ago
I am in Indiana and I am "salary" yet, my salary is dropping. He changed me to a base salary but he has not shared that information with me yet.
Employment Lawyer: Attorney Wendy, Lawyer replied 2 months ago

Unfortunately, it does not appear that Indiana has a law - which some states do - requiring written notification some time before changing one's rate or method of payment. That said, it is conceivably a breach of contract if you had an agreed upon salary and that salary is reduced without providing you notice and you continue to work or do work some days or time unaware of the reduction. In other words, it could be said that had you known you would not have continued to work for that changed or lower wage. I wish I had a more clear solution for you, but it may be worthwhile to express your position that a change without notification is some sort of contractual breach or misrepresentation.

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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.

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