Legal Question in Employment Law in California

I live in CA. I left an Account Services poistion making $99,200k annual salary and accepted a Sales position with a base salary of $35k with commissions. After two months and a couple of days my boss told me that is I wanted to come back to work on Monday it would be for 100% commission without the agreed upon base salary. I asked if there was an alternate compensation model and my boss said no. What are my rights in this situation? Also, want does this mean in terms of my Unemployment Benefits eligibility?


Asked on 9/04/10, 7:34 pm

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Are you serious about suing your boss? If so, and you are interested in paying for legal representation, you may contact my office to discuss whether you have any options.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 9/09/10, 8:37 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Any rights you have would be dictated by the terms of an employment contract, if you have one. Employers have the right to change the terms of compensation, upon notice, unless limited by contract. In some cases, if you can prove the employer induced you to quit your prior employment and take this job, knowing they never intended to keep their promises, you may have a case for fraud, but these are very difficult cases to prove.

If it turns out you are not making any money under this new arrangement or substantially less than what you were promised and unable to pay your bills, you may be eligible for unemployment benefits. You should check with the EDD's website and go to their benefits guide, to make sure your fact situation is consistent with their guidelines.

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Answered on 9/10/10, 10:48 am


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