renege on pan plan after task accomplished
I have worked for my company for many years and have worked in many departments. In late 2006, I accepted a position in the sales dept signing an agreement of salary and commissions to be paid. After several favorable reviews and several bid participations with clients on potential new business, our company has been awarded a rather large bid that we are currently working on closing. Recently, I was told that due to my boss's position being eliminated, that my company wanted to demote me and place my boss in my position, I would continue to work on same accounts, but only receive a small portion of the bid work that I had worked so hard on. When I refused to accept, my employer then offered my same position, but with a change in pay plan which would reduce my potential earnings by 30%. Is this legal for employers to do? Make false promises and renege when work is accomplished. If I do not accept, will I be eligible for unemployment? Employer wants me to stay, do same work, travel on personal time be on call 24/7 and not hire any help as previously agreed, all for less money. Do I have any rights or does employer hold all the cards and I am at their mercy?
1 answer | asked Feb 21, 2008 09:21 AM [EST] | applies to Ohio
Answers (1)
There are lots of issues here which need more detailed discussion.
Most importantly, an attorney needs to look at the signed agreement to see its terms and make a determination as to its binding effect.
Also, without knowing all the details, I would say that if you quit, you will NOT be eligible for unemployment compensation. There might be some wiggle room because your earnings could be reduced substantially, however, you state "potential earnings" may be reduced. My recent experience has shown that employers are fighting unemployment payments even after the employee has been first awarded such compensation by the Ohio Department of Job and Family Services. And then the ex-employee has been compelled to pay the money back! This is an unfair result but one which is occuring over and over.
Finally, there may be the issue governed by the Fair Labor Standards Act which determines if you are an exempt employee. This brings into play the unpaid "24/7" on call of which you mention.
In sum, you need to speak to an employment attorney soon to discuss the ramifications.
posted by Neil Rubin | Feb 21, 2008 11:01 AM [EST]
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