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My wages were reduced by 40%. Constructive discharge?

New York, NY |

This notice was given to me in the midst of a commission dispute with my employer. It feels like retaliation and constructive discharge. Thoughts?

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Attorney answers 3


You employer can downgrade your commission plan at any time if you are an at will employee and it was for a non-discriminatory reason. You have not provided information sufficient to determine if there was retaliation or constructive discharge. You need a consultation with an employment attorney.


I certainly sounds like constructive discharge to me, but I can't guarantee that unemployment will agree.

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I would need more information. You may have a retaliation claim under NY wage and hour laws. Kind regards.

Ryan Finn
Serving clients throughout New York

PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * * * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *

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