Legal Question in Business Law in Tennessee

Employee Working Agreement changes

We purchased a company's service accounts and hired the previous owner which is my father-in-law, in the process we used a working agreement to insure his jobs future, some things in the agreement have been changed, and because of the socical securtiy law, other points need to be changed, We pay him 50% commison on his accounts, at the age of 65 he was to cut back to what ever the state allowed when collecting social security and other benefits, He can now make as much as he wants,

Q: Do we as his employer have a right to go back and amend the agreement? Mainly to read differently, because as it reads now he could work for us for as long as he is able, but no longer do 50% of the work, and still receive 50% of the pay. I would agree to that as long as he is doing his share of the work and we don't have to hire another person.


Asked on 4/19/04, 6:11 pm

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Employee Working Agreement changes

Depending on what the Agreement already provides, you should be able to amend the agreement. A lot depends on what the agreement says and what you want it to say. You should consult an attorney to make sure you do not impinge on his rights or give him more rights than you intend. Keep in mind that the Age Discrimination in Employment Act and/or the Tennessee Human Rights Act may apply to all or some of the terms of that agreement. You should consult an attorney to help you draft an Agreement that does what you need and does not subject you to liability. Most attorneys could do such a review over the phone using email or a fax machine.

If you have any other questions, or need more information, please do not hesitate to contact me at 1.800.403.7868 or at [email protected].

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Answered on 4/19/04, 7:19 pm


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