Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am in the middle of a contract and now my agency wants to…

I am in the...

I am in the middle of a contract and now my agency wants to reduce my commission from 750 to 75 per head. I have an email that states what the terms were originally.

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Hi Karen:You are confirmed for start with the Merito Group on Wednesday the 31st of January 2018 @ 9:30am. Samantha will send out your new hire paperwork shortly.
• You will be paid bi-monthly on the 15th and the last day of the month.
• Your base salary will be $93,600/yr. which is equivalent to $45/hr.
• You will also be eligible for a per head hire bonus for each candidate that is hired by your client. For your first client, PSS, the per head hire amount is $750/hire. The per head hire bonus is paid out on the 15th of the month following the month that we collect those fees. Example: We bill the client for a per head hire bonus on the 21st of December. The client pays on the 10th of January for that invoice. You will be paid that bonus on the 15th of February.
• If you are moved to another client, the per head hire fee amount may change. (Some clients are higher and some are lower depending on the project).
• We will provide you with various tools (as needed to do your job). We will provide you with email, ATS access and other tools as needed.
We can't wait to have you on board! Have a great weekend!

Lawyer's Assistant: OK. To minimize me, please click the down arrow at the top right corner of this box.

This offer was agreed up on by me and my manager

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

Yes no i dont belong to a union

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

I am working on one of if not the most difficult programs. I am recruiting for the intel space. what they are doing is decreasing my income but nothing else changes. i accepted this position with a substantially lower hourly rate specifically because of the commission i would earn.

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 14 minutes by:
3/25/2018
Thelawman2
Thelawman2, Lawyer
Category: Employment Law
Satisfied Customers: 2,228
Experience: Attorney-at-Law
Verified

Hello, my name is ***** ***** I will be helping you today.

The thing that will protect you is whether there is a term of the contract. Is there any provision in the contract which states that the term of the contract will last for a year or two?

They can't change your commission for individuals that were already hired, but they possibly could for future hires if there is nothing which protects how long you will be working for the agency. Is that the case?

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
No there are no time terms as this program is a month to month. So there is no legal precedent and a company can change terms mid program? Do I have any options? Other then to get screwed.

The only other idea is that you could claim that the company is breaking the implied covenant of good faith and fair dealing. In every contract, there is an implied term that the other party won't do things that are unfair to the disadvantage of the other party. This potentially could fall within that category. Basically, you would show that you made changes to your employment because of this contract and now the other party is basically holding you hostage and making you change how much you get paid.

This is going to be a difficult case though because the company, without a term being part of the contract, has a right to terminate your contract.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
OK thank you very much and enjoy your Sunday!

I hope this has been helpful. Is so, please provide a positive rating so I get credit for helping you today. 5 stars would be greatly appreciated!

Thelawman2
Thelawman2, Lawyer
Category: Employment Law
Satisfied Customers: 2,228
Experience: Attorney-at-Law
Verified
Thelawman2 and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Thelawman2 Your Own Question
Thelawman2
Thelawman2
Thelawman2, Lawyer
Category: Employment Law
Satisfied Customers: 2,228
2,228 Satisfied Customers
Experience: Attorney-at-Law

Thelawman2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I was off January 31st. During my tenure I was promised that
hello, I was laid off January 31st. During my tenure I was promised that if I referred an employee and they stayed 120 days that I would receive a referral bonus. I have several emails from the compan… read more
retirementlawyer
retirementlawyer
Attorney
Doctoral Degree
1,606 satisfied customers
A Muslim woman beat Abercrombie & Fitch. I guess I am
A Muslim woman beat Abercrombie & Fitch. I guess I am confused. The woman claimed that she wasn't informed of the dress code "The clothing chain declined to hire Samantha Elauf in 2008 as a sales asso… read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
I am a recruiter in GA and looking to leave my current company.
I am a recruiter in GA and looking to leave my current company. I am salary plus commission eligible. I make commissions on placements I make of 20% of the fee once the client has paid the invoice. So… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
An employees hourly rate was incorrectly raised by $2/hour
An employees hourly rate was incorrectly raised by $2/hour for 5 months. We regularly pay bonuses which are not commissions or contractually obligated but paid to all employees. We have lowered the ra… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
8,410 satisfied customers
Hello, 11 years ago, I was a software developer for Intel
Hello, 11 years ago, I was a software developer for Intel Corp. After several successful years, I had a disagreement with a manager, and was subsequently presented with an option: resign, or she would… read more
socrateaser
socrateaser
1,452 satisfied customers
In NJ if a Employer is paying me Salary plus commission and
In NJ if a Employer is paying me Salary plus commission and i was hired at a set rate for commission, but i start over exceeding what there expectations are for to make. So now instead of me making 7-… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I worked at the company for entire 2010 and left on February
I worked at the company for entire 2010 and left on February 21st. They (company) deposited my bonus payment to my account on March 15th ( company's bonus pay day). Now they asking me to return it bac… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I was forced to retire in May 1, 1908. I was given a bad review
I was forced to retire in May 1, 1908. I was given a bad review by my manager at Intel Hudson Ma which was completly false. It was unethical and planned by my manager and I have poof of what transpire… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
We are in Tennessee. I have an insurance agent that we brought on at a minimum wage
We are in Tennessee. I have an insurance agent that we brought on at a minimum wage per hour salary, plus a 13,000 a year "draw" paid in monthly installments against future commissions. After 1.5 year… read more
retirementlawyer
retirementlawyer
Attorney
Doctoral Degree
1,606 satisfied customers
in regards to constructive dismissal cases is there a minimum
in regards XXXXX XXXXX dismissal cases is there a minimum term of employment? in this case an employee has been hired on a contract with a salary. the employer is attempting to move the remuneration f… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I was hired as well as 15 others to work in a new tax center
I was hired as well as 15 others to work in a new tax center for $2000.00 per month or if our commissions exceeded that amount we would get the higher of the 2. They guaranteed the $2000 per month sin… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I was let go from my job on January 4. I was a salery plus
I was let go from my job on January 4. I was a salery plus commision sales rep. My commision was paid to me on the 15th of the month based on the payables recieved by the company in the previous month… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
4 months ago i was hired for commercial insurance sales @ a
4 months ago i was hired for commercial insurance sales @ a base salary of $500 per week plus 20% commission. My employer now states that as of 8/17/09 I will be paid 30% commission only....no base pa… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I live in Texas. I have a signed employment agreement stating
I live in Texas. I have a signed employment agreement stating my base salary and commission structure. I was informed today that because sales production is low, the owner of the company has decided t… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I work for Hermes as Field Manager for the past 5 years, During
I work for Hermes as Field Manager for the past 5 years, During October 2008 a small group of Field Mangagers were approached to cover 50% additional work due to either vacancy shortage and in my case… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
67 satisfied customers
I was hired as an independent contractor to do marketing, media,
I was hired as an independent contractor to do marketing, media, promotions and PR work for a company. Our contract states that if either party wishes to terminate my services, then they should send a… read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
I was let go from my job at a CPA firm on November 13th. I
I was let go from my job at a CPA firm on November 13th. I was paid my last paycheck on December 1st. However, I have a 15% commission check that I still have not received (as of December 15th). What … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My Illinois employer changed my base salary plus commissions
My Illinois employer changed my base salary plus commissions to a draw off commission arrangement without my consent (sent me an email 2 days before commission payout) and made this new arrangement re… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x