Legal Question in Business Law in Virginia

Comission witheld

I am an outside sale rep and recently told that no longer will I receive comission on the accounts I am assigned. I do have a small base salary of 2100 per month. Is it legal to not pay you for sales you generated for the company and just reduce your salary over 50% with no prior notice? I am told I will continue to work 60 hrs a week at a salary of 2100 per month or $8.75 per hour? Please help


Asked on 5/24/08, 9:29 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Comission witheld

Unless you have a contract for a fixed term, your employer can change your compensation at any time. They must pay you for work you already performed on the terms set at that time (so if you already earned the commission, they owe it to you). When a commission is earned is a question of the agreed terms as well. Note that unless your position would be exempt, which it is not if they pay you hourly, and may not be even otherwise, they will owe you overtime for hours over 40 per week.

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Answered on 5/24/08, 9:38 am


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