Orchard Park, NY asked in Contracts and Employment Law for New York

Q: Can a company change your salary automatically without you signing your offer letter to accept a new position?

I received a promotion that I didn't want. The company has not provided a commission structure so I refused to sign my offer letter until I receive a comp plan. They backfilled my old position and automatically changed my salary without me accepting the new position. Is this legal? They promised to have this plan two months ago and now my President and HR Director won't return my email requests for the last few weeks. Thoughts?

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Sounds like you work on commission su your employer must provide you with a commission sales agreement. It's for your own protection in case they dont pay accordingly.

You need to negotiate that not by email or hire someone to do that for you.

Otherwise consider getting a new job before you quit. If you dont have a term specific employment agreement they can change your duties and compensation unless they do so for illegal reasons. Call employment lawyers to discuss.

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