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Arbitrary change in compensation plan

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rck66c179

Guest
My wife is a commission sales professional for a company with corporate offices in Atlanta, GA and lives and works in Florida. She was hired via a written job offer letter that detailed a 4 month guarantee of $X amount a month. With only a portion of the guarantee period expired, the company president has decided that they will no longer pay the guarantee. This was an agreement that was in writing and signed by the District Sales Manager. Can they make this change? Additionally, the pay periods are twice a month and she was notified of this change only a week before the next payment was scheduled to be made. To my way of thinking this constituted a contract and they will be in breech of contract and she is due the remainder of the agreed upon amount.
 


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buddy2bear

Guest
Are the words "up to" anywhere in that "written guarantee?"

This really is something you should consult an employment lawyer on.
 
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rck66c179

Guest
Good question, I'll have to check to be sure, but my understanding was that the guarantee was for a fixed amount of money and time.
 
K

karl mynyk

Guest
I had "up to" in my plan

My employeer chose to let me go 2 days prior to an annual bonus "up to" 25% of my salary. The sum was substantial. We are most likely going to court. The company sited poor performance as a reson. I say they just did not want to lay out the cash??? My agreement was signed by both parties. Tell me more about "up to" clause. Thanks Karl
 
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buddy2bear

Guest
When the words "up to" are included in anything, it generally means that you can or can't "qualify" for the full amount basically based on some kind of arbitrary formula that those in power at a company want to use -- it generally gives the company an "out."

In employment, say "3 days funeral leave," is changed by "up to 3 days . . ." -- which is a way to make it look good but you won't get those 3 days off -- just the day of the funeral because of the words "up to."

Same thing with the word "actually" -- as in "actually worked." So, if you don't work the holidays, vacation, sick days, etc., then you did not "actually" work and therefore an x number of days to meet some kind of qualifying event, like retirement, severance, etc., doesn't happen.

Almost as bad as Clinton's meally-mouthing the definition of the word "is" --

Lawyers did this!

 
K

karl mynyk

Guest
"up to"

The condition was "up to" 25% of my salary (25k) based on my perfromance and the performance of the company. All others in the company got either bonuses on the same worded agreement or salary increases. My boss said that "we had to do something" regarding an increase and then he laid me off.
I was singled out. Ironically, every executive manager got their raise and bonus along with every other employee below or above me. I was at the VP level. None of my direct reports bonus plan was this substantial, however. This tactic was used by my boss and a retention tool (Company was a revolving door)and they needed something to be affective. He, I know now, never had any intention of paying any bonus.
Was I not worth 1 cent during my year? I closed the biggest deals in the history of the company. I delivered the required work product, they did not deliver what was promised. There was never a discusion of performance issues, instead 2 days short of term I was let go under the guise of financial problems. Additionally, in the lay off they kept more expensive consultants on board instead of releasing them first.
P.S. an agency did the hiring and represented cash bonus as communicated to them by my boss. We are still going to court. Thanks for the insight. Any thoughts?
 

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