Legal Question in Employment Law in Florida
cutting employee salary
is it an employers right to cut a sales producers salary if they are not meeting their expected productivity goals, especially after several converstaions w/ the employee warning them of this possibility.
2 Answers from Attorneys
Re: cutting employee salary
It depends on the terms of the employment contract. Generally speaking, salaries can be adjusted unless prohibited by the agreement in force.
Re: cutting employee salary
It is generally an employer's right to change the terms and conditions of an employee's employment unless there is a contract to the contrary. There are certain things to look for to determine whether the change is legally correct: First, the change should generally not be retroactive; Second, there should be a clear understanding of how the change takes effect; Third, the change should not be in violation of any other laws (such as minimum wage or overtime laws); Fourth, consideration should be taken as to whether the change is significant enough to constitute a constructive discharge which may have remifications as to eligibility for unemployment compensation benefits.
These are all things that should be taken into account. There may be other factors that cannot be anticipated based on the general nature of the inquiry.
I hope this provides some guidance.
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