Contract change loss of commisions due for work prior to managment change

I have been working a contract amendment which increased my base pay and also included a new clause entitling me to a commission based on my support of our dealers.Our ex president never signed the contract nor did I. However corporate increased my base pay and my new president paid me on 3 recent deals I was due. Yesterday in a discussion I mentioned an upcoming project and my involvement in it He then told me I would no longer recieve commissions as the contract stated. I also received an e-mail from our HR person confirming this. My contract is for 1 year jan. to jan. first off can they change my contract and say it was invaild because it wasn't signed or approved by the CEO and CFO who by the way started with the company 3 months after the amendment was made. President had authority prior to the change of CEO and CFO. Secondly my old pay structure included a Bonus which I declined due to the commission structure addition. If this is legal to change the contract am I entitiled to back pay of the bonus I was orignally guarenteed it does state in the amendment that the commission is in lieu of the bonus. Am I entitled to the full bonus or a prorated portion and Am I responsible for paying back any commissions previously paid.

1 answer  |  asked Nov 21, 2003 1:21 PM [EST]  |  applies to Texas

Answers (1)

Margaret A. Harris
Contract Performance

Some courts have ruled that, even though parties did not sign a contract, their behavior shows that they intended to be bound by the terms, and that this might be enough. Every situation, however, is different. It certainly sounds to me that you have some legal rights that are at issue here -- and should be addressed with your employer. The big question though is one of strategy: and that is how to approach the problem. Do you want to maintain the relationship? If so, you have to adopt a tone that is designed to achieve that end -- and that may require you to compromise your rights if you want to stay working there. If you are ready to call it quits with a company that cannot keep its act straight, then a different tone would be appropriate. You really should call and make an appointment with a lawyer in your area who regularly represents employees to discuss your options and decide strategy.

posted by Margaret A. Harris  |  Nov 21, 2003 4:32 PM [EST]

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