Employer wants me to sign a lesser paying contract. What can I do?

[GregTheWalrus]

tl;dr, I signed a contract when I started, but now 3 months later my employer wants me to sign a lesser paying one. What can I do, if anything?

More info:
I started a new Sales role in Nov (CA, remote), signing a contract outlining my pay and everything, then a month in my entire team (other than me) was let go. I was moved to another side of the business to sell another product instead, this time as the only sales person in the whole company.
Come last week my CEO presents me with a comp plan paying noticeably less than was listed on my original contract (background, the first contract I signed was an outline of base pay, commission, PTO, etc, and not a comp plan). So now I have more pressure, more responsibility, etc, all for less pay, not that I've signed it yet.

Is there anything I can do about this bait-n-switch? Thanks in advance.

 

[quincy]

tl;dr, I signed a contract when I started, but now 3 months later my employer wants me to sign a lesser paying one. What can I do, if anything?

More info:
I started a new Sales role in Nov (CA, remote), signing a contract outlining my pay and everything, then a month in my entire team (other than me) was let go. I was moved to another side of the business to sell another product instead, this time as the only sales person in the whole company.
Come last week my CEO presents me with a comp plan paying noticeably less than was listed on my original contract (background, the first contract I signed was an outline of base pay, commission, PTO, etc, and not a comp plan). So now I have more pressure, more responsibility, etc, all for less pay, not that I've signed it yet.

Is there anything I can do about this bait-n-switch? Thanks in advance.

It sounds like your options are to agree to the new contract terms or have your employment terminated, like your entire team was terminated previously. Your original contract would need to be read in its entirety to determine if there are any other options available.

What you describe sounds less like a “bait and switch” and more like a company struggling financially, downsizing, and cutting costs where it can, just to survive.

 

[Zigner]

Are you sure that what you signed was a bona fide employment contract?

 

[GregTheWalrus]

It sounds like your options are to agree to the new contract terms or have your employment terminated, like your entire team was terminated previously. Your original contract would need to be read in its entirety to determine if there are any other options available.

What you describe sounds less like a “bait and switch” and more like a company struggling financially, downsizing, and cutting costs where it can, just to survive.

Appreciate the response, Quincy! A fair point, and maybe I see something in the contract that has to do with this, I'll paste it at the end.
As for the financial bit, I did find out that we wanted to focus on something that would give better return, and those people who had been hired with a background in that side of the business got let go, but since I didn't I was reallocated. Def wouldn't have applied if I saw this pay. Not sure if any of that info helps anything, to be honest.

as for the snippet of my contract, "COMPANY reserves the right to change your responsibilities, role, reporting relationship and title as may become
appropriate for its business purpose and your performance.
EMPLOYMENT AT COMPANY MAY BE TERMINATED, FOR ANY OR NO REASON, WITH OR WITHOUT NOTICE, AT
ANY TIME BY YOU OR BY COMPANY. FOR CONVENIENCE ONLY, IT CAN BE DESIGNATED AS ‘AT-WILL’
EMPLOYMENT.
As a condition of your employment, and its continuation, you will be required to comply with the policies of
COMPANY, and to execute certain agreements including, without limitation, an arbitration agreement, a non-disclosure
and non-use agreement and a patent agreement, as all such policies and agreements may be modified by COMPANY
from time to time and in its sole discretion."

In my heart of hearts I feel like I have no leg to stand on

Are you sure that what you signed was a bona fide employment contract?

Thanks for the response! Seems to be, has the salary, when my start date is, CEOs signature and mine, etc

 

[STEPHAN]

I suggest you remove your employer's name.

 

[GregTheWalrus]

I suggest you remove your employer's name.

Ah, thank you! I didn't realize I missed one. Appreciate it!

 

[quincy]

Appreciate the response, Quincy! A fair point, and maybe I see something in the contract that has to do with this, I'll paste it at the end.
As for the financial bit, I did find out that we wanted to focus on something that would give better return, and those people who had been hired with a background in that side of the business got let go, but since I didn't I was reallocated. Def wouldn't have applied if I saw this pay. Not sure if any of that info helps anything, to be honest.

as for the snippet of my contract, "COMPANY reserves the right to change your responsibilities, role, reporting relationship and title as may become
appropriate for its business purpose and your performance.
EMPLOYMENT AT COMPANY MAY BE TERMINATED, FOR ANY OR NO REASON, WITH OR WITHOUT NOTICE, AT
ANY TIME BY YOU OR BY COMPANY. FOR CONVENIENCE ONLY, IT CAN BE DESIGNATED AS ‘AT-WILL’
EMPLOYMENT.
As a condition of your employment, and its continuation, you will be required to comply with the policies of
COMPANY, and to execute certain agreements including, without limitation, an arbitration agreement, a non-disclosure
and non-use agreement and a patent agreement, as all such policies and agreements may be modified by COMPANY
from time to time and in its sole discretion."

In my heart of hearts I feel like I have no leg to stand on




Thanks for the response! Seems to be, has the salary, when my start date is, CEOs signature and mine, etc

After a very brief review of the company, I am not seeing any problems noted online about their hiring or firing policies. And the contract you signed spells out pretty clearly that your job duties (your role in the company) could be changed and your job could be terminated at any time.

I would still have the contract personally reviewed in its entirety to see if any of the benefits you were offered can be preserved (at least temporarily).

Good luck.

 

[GregTheWalrus]

After a very brief review of the company, I am not seeing any problems noted online about their hiring or firing policies. And the contract you signed spells out pretty clearly that your job could be terminated at any time.

I would still have the contract personally reviewed in its entirety to see if any of the benefits you were offered can be preserved (at least temporarily).

Good luck.

I appreciate the insight, Quincy. I'll get it checked out just in case!

Thanks again

 

[Zigner]

I don't think it's a bona fide employment contract - but the attorney you review it with will be in a better position to advise you.

 

[quincy]

I don't think it's a bona fide employment contract - but the attorney you review it with will be in a better position to advise you.

It sounds like a bona fide contract to me ...

 

[Zigner]

It sounds like a bona fide contract to me ...

I'm not sure why, considering we haven't even seen the document. All we have is a snippet. The snippet seems like pretty standard verbiage contained in an offer letter.

 

[cbg]

Agree with Zig.

 

[adjusterjack]

Sure, it's a contract. It's a contract between employer and employee that says the employment is at will and can be changed or terminated at any time.

If you hear hoofbeats, think horses not zebras.

 

[quincy]

What’s missing?

https://casetext.com/statute/california-codes/california-civil-code/division-3-obligations/part-2-contracts/title-1-nature-of-a-contract/chapter-1-definition/section-1550-essential-to-existence-of-contract#:~:text=It is essential to the,Their consent; 3.

 

[Zigner]

An offer letter doesn't (necessarily) rise to the level of a contract.