Legal Question in Employment Law in Maryland
Drop in incentive program
I work in the office of a small overnight delivery service. When I joined 11 yrs. ago there was an incentive program that paid a commission for all new accounts that an employee brought in on a monthly basis, based on the customer's dollar monthly volume. Two months ago my boss informed us that it was new policy to pay 1/2 that commission for any account over a year old. The drivers commissions remain the same because they are too hard to replace. In May 2002, I had switched to a 4-day work week and have a copy of an unsigned document he wrote stating the terms of my change of status. It says, ''hourly rate and commissions remain the same''. The drivers commissions remain the same because they are too hard to replace. Do I have any legal right to the original commission which I have been receiving for 11+ years?
1 Answer from Attorneys
Re: Drop in incentive program
The answer to your question depends upon whether you can be regarded as being under contract with your employer having promised to pay a particular amount of compensation (or calculated at a particular rate) for a particular amount of time. On the other hand, if your employment arrangement is terminable or changeable "at will", the employer might have the right to modify the conditions of your employment including computation of your compensation. It is unclear whether you were promised that your commission structure would never change in the future, at the time you switched to the four-day work week. You need to retain an attorney who can review the relevant paperwork. At that point you will have a better idea of where you stand.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
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