Legal Question in Employment Law in Ohio

Change in original terms of employment

I joined my present employer in March 2001 in a sales position with a base salary and commission. They have now changed that to commission only without my consent. Do I have any legal right to challenge this action ?

My employer is located in OH, I am a resident of NC.


Asked on 1/01/02, 2:03 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Change in original terms of employment

It would require more specific facts to give you a very accurate answer, and you may want to consult an attorney, but in general: If you work in NC, and entered your contract in NC, then the legal issue should be decided by NC law. Assuming NC law applies, and assuming you had no employment contract (i.e. your employer was not expressly required to pay you on a specified basis for a specified time period), then under standard NC law you effectively have little or no rights, as NC is an "employment at will" state, meaning that you can be hired, fired, demoted etc. for any reason (except on the basis of race and other protected classifications). Therefore, your employer can prospectively change your pay. Of course, the work you did before the change should be compensated at the original rate.

If Ohio law applies, then I have no opinion.

Although it is probably inapplicable to your situation, it is worth noting that some people are protected by "wage and hour" laws. Also, some professions may be protected more under federal or state laws. Finally, if the employer "enticed" you to move to NC in connection with taking the job, or enticed you to make some other sacrifice, that might elevate your rights.

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Answered on 1/01/02, 9:12 pm


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