Q: Can an employer in PA change commission pay structure without notice for at-will employees?
I am employed at will in Pennsylvania. My employer changed my commission pay structure without notice. I have been working under the previous structure for six months. Is it legal for them to change it without notice?
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A:
In Pennsylvania, as an at-will employee, your employer has the right to change your commission pay structure at any time, even without prior notice. This flexibility is inherent in at-will employment, where both employer and employee can alter the terms of employment without advance notice, unless otherwise specified in a contract or agreement.
However, while your employer can modify the pay structure, they cannot retroactively change compensation for work already performed. If you earned commissions under the previous structure, you are entitled to receive those payments as agreed. Employers are also required to pay all earned wages promptly, and failure to do so may violate the Pennsylvania Wage Payment and Collection Law.
If you believe the change in your commission structure is unfair or that you have not been paid for earned commissions, you may consider discussing the issue with your employer or seeking legal advice to understand your rights and options.
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