Legal Question in Employment Law in Georgia

I am a salesperson for a large, well known cable company. I have a signed compensation agreement that states what my commission % is. After the month of January was completed and checks were being made out, my boss decided that I was 'making too much money that month' (I, and therefore the company, had a GREAT month). So, without my consent, she had accounting take away MORE THAN HALF of what I actually made. Again, this was two weeks AFTER the month was wrapped up. Is this legal? Do you have any advice for me moving forward?


Asked on 2/24/15, 4:31 pm

2 Answers from Attorneys

Michael Caldwell DeLong, Caldwell, Bridgers & Fitzpatrick LLC

If you have a compensation agreement, it is a contract. If you earned the commissions in January under that agreement, they cannot change it retroactively without breaching the contract. I would need to see the contract and the change to give you more advice than this. But you probably should lool for a new job in the meantime. When you locate the new job, then sue the old employer.

Michael Caldwell

404-979-3154

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Answered on 2/24/15, 4:52 pm
Rachel Smith Law Offices of Gregory R. Fidlon, P.C.

I agree with Michael. It sound like you may have a breach of contract claim against your employer. You should contact an attorney to review your compensation agreement and discuss your options moving forward.

Rachel Smith

678-909-2026

Rachel H. Smith, Esq.

LAW OFFICES OF GREGORY R. FIDLON, P.C.

Northpark Town Center

1200 Abernathy Road, Bldg. 600, Suite 1700

Atlanta, GA 30328

T: 678.909.2026

F: 770.807.0460

E: [email protected]

W: www.fidlonlegal.com

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Answered on 2/25/15, 11:47 am


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