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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.

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Answered in 14 minutes by:
3/25/2018
Thelawman2
Thelawman2, Lawyer
Category: Employment Law
Satisfied Customers: 1,836
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 26 days 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 26 days 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: 1,836
Experience: Attorney-at-Law
Verified
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