My wages were reduced by 40%. Constructive discharge?

Asked over 1 year ago - 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?

Attorney answers (3)

  1. James K. Lyder

    Contributor Level 11

    1

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    Best Answer
    chosen by asker

    Answered . 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.

  2. Ryan M. Finn

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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... more
  3. Vincent Peter White

    Contributor Level 18

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

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more

Related Topics

Employment

Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

Employee wages and wage theft

Wage theft is when an employer withholds benefits or wages that an employee is entitled to under law or contract, such as not paying legally mandated overtime.

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