I work for a small business. When I originally was hired, I was the office manager, I did the AR/AP, benefits, basically everything to run the office smoothly. The owners terminated the salesmen in 2007. Since their termination, I took on doing sales as w

I work for a small business. When I originally was hired, I was the office manager, I did the AR/AP, benefits, basically everything to run the office smoothly. The owners terminated the salesmen in 2007. Since their termination, I took on doing sales as well as my normal office management position. I was given annual raises every year. Recently in the last 4 years, I have not had a raise, we had 1 year where we actually made commissions, the following year my employer raised the numbers in order for us to get commissions. We have not had a commission in over 2 years now, and I have not had a raise in 4 years. When I asked my VP of Sales about a raise, I was told that my commission is my raise, yet I was never hired under those terms. No one has ever spoken to me about my base salary staying the same and commission is my raise.. now my employer has hired male salesmen with a higher starting salary then me (I am female) Is this legal to do? Can an employer change your salary terms without notifying you 1st??

1 answer  |  asked Oct 10, 2016 12:26 PM [EST]  |  applies to Pennsylvania

Answers (1)

Doris Dabrowski
Compensation can be changed prospectively, not retroactively. For commission payments, it is important to establish the basis for the commission, the commission rate, the due date and all conditions that trigger the obligation to pay commissions. The Equal Pay Act requires equal pay for work that requires the same skill, effort and responsibility and performed under the same conditions.

Answers on this site can only provide general legal information; this answer does not constitute legal advice on which you should rely. For an analysis of the application of the law to the facts of your situation, schedule a consultation with an attorney.

posted by Doris Dabrowski  |  Oct 10, 2016 1:53 PM [EST]

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