That's a tough situation. On one hand, you could successfully get your full commissions - upsetting the employer. On the other hand, you leave things as is, and feel jilted. Either way it's a losing situation. You could ask for legal advice, might be easier to start looking for a new job. Someone out there will appreciate your efforts.
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Question
Submitted 304 days ago...
Is it legal for an employer to lower amount of sales commission paid on certain sales, when contract states otherwise?
Employer has been regularly lowering amount of commission paid , without negotiation w/employee. When questioned, his reasoning is that the lead came from his advertising, i.e. yellow pages, or new customer seeing his product and asking current customer who produced the product. This subject was not addressed verbally at time of hire, nor does the contract address leads.
The contract states 10%/negotiable paid on new business, 5%/negotiable paid on house accounts & service sales. No where in the contract does it state %paid will depend on where the lead came from.
Employer seems to be picking and choosing at random what he wants to pay, based on his opinion of the lead source.
Does the written, signed contract have merit as it stands, or can the employer legally continue this practice?
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This Question was awarded 224 days ago therefore you can no longer post an Answer. However you may post a comment below.
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Comment 1 / 1
Submitted 224 days ago...
This was the only answer I got. We knew the options - risk losing the job by demanding the employer honor the contract or settle for whatever the employer decided to pay at any given time. My question was, legally, could the employer have to pay accordingly to the contract.
With $10,000 in commission at stake, it's not an option to just let it go, rather than upsetting the employer. Who wants to work for someone who does not honor his word, especially in writing? The situation has resolved itself anyway - my husband is no longer employed there.
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