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Salaried employee plus commission.

Fort Myers, FL |

I was hired as a sales rep with a base salary plus commission. The employer and I had an agreement that I would come to FL to train, then foster relationships with companies in my home state for one month, and permanently move to FL.

The owner of the company chose to cancel my base pay and move me to a higher commission rate. I asked if we could work out a draw to make the out of state move possible. He agreed and I made the move, I asked about getting paid and he denied me for one week and then put me on a reduced salary and cut my commission schedule to our original offer. I worked out of his office for 4 weeks putting in over 60 hours a week for no pay. I also feel he breached the employment offer letter.

Additionally, he refuses to pay commission on goods sold. We were paid the 2nd week of the following month on a percentage of GP. The answer provided was that because I am no longer an employee, that I no longer would receive any commission.

I have an acceptance letter outlining the details of our agreement, pay stubs and excel data showing my sales amounts.

I need to know if I have a case on my base salary and/or commissions.

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Attorney answers 1


If you have a written offer letter which you accepted, then it is a contract. If the employer breached that contract, you may well have a potential lawsuit. If the employer unilaterally changed the terms of the contract after you started, then they may or may not be permitted to do that, depending on what the contract says about how it can be modified.

You'll probably want to have an employment attorney review the contract with you to discuss your options.

Other potential claims you have are unpaid wages if money is still owed to you; fraud if you were lured into the position based upon false representations; and whistleblower claims if you were fired for objecting to the failure to pay wages owed.

I would suggest contacting an employment attorney to discuss any potential claims you have.