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I live in oregon and I work for a medical device company. I was hired in february and am paid on a draw. I have been struggling to sell so they decided to give me until the end of may to pick it up. But they just called me on Monday and said its not working out and I''m supposed to get paid today. Do I have any kind of legal action. I signed a year contract then they gives until the end of may and then they let me go on Monday.
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An answer to your question would require a review by an attorney of the precise terms of the agreement you signed. If you have indeed been employed on a no-cut basis for a period of one year ending May 31 (which would be very unusual -- employers very rarely give up the right to fire), then you are entitled to be paid through the end of the contract at the contract rate, less mitigation of damages, if any. Under circumstances where the employee is paid a "draw" against commissions earned and the draw is not being fully earned, it might be difficult to ascribe damages. See an attorney.
Answered on May 16th, 2012 at 7:42 AM