QUESTION
Can my employer totally eliminate my salary in favor of 100% commission without prior written notification?
Asked on May 21st, 2012 on Labor and Employment - Illinois
More details to this question:
I was hired in August, 2011. My employment letter states A.) Base Salary
Annual salary starting at $00,000, payable bi-weekly.
My auto deposit paycheck was not posted last week. Upon inquiring, I was told that my salary was eliminated to switch me to 100% commission. I received no prior specific notification that my salary would be eliminated effective at a specific date. This was arbitrarily done without prior notification. Do I have any rights in this situation?
1 ANSWER
4 Awards
Generally, the employer can make a change in your compensation as long as they do it prospectively. They cannot make such a change retroactively. In other words, I could tell you that starting tomorrow you will be paid only a commission. But, I cannot tell you that I have decided to change you to commission only as of yesterday or last week.
So, if the employer did this change retroactively, I suggest either complaining to the Illinois Department of Labor or speaking to an attorney who may be able to address the matter with a letter.
The other question that you should consider is WHY this was done. If, for example, the employer was hoping to make you quit for some discriminatory or retaliatory reason, you may have a cause of action against that employer. you should consult with an attorney who could give you further advice after he/she gets more facts from you
Answered on May 22nd, 2012 at 10:30 AM