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Is my contract valid if by boss broke it

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stricm

Junior Member
What is the name of your state (only U.S. law)? NJ / NY

I signed a contract when i joined a company

In the contract was how much i would be making commission on sales .

After a couple months my boss called me in and said i should have known that the percentage in the contract of how much i would be making commission makes no sense . He then lowered my commission . a Year later i was going to leave for a better job so they gave me back my original commission structure that was on the contract .

I only signed one contract -when i arrived at the company
My boss never sent me back a signed contract

Am i obligated to abide by the contract that my boss broke ??
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? NJ / NY

I signed a contract when i joined a company

In the contract was how much i would be making commission on sales .

After a couple months my boss called me in and said i should have known that the percentage in the contract of how much i would be making commission makes no sense . He then lowered my commission . a Year later i was going to leave for a better job so they gave me back my original commission structure that was on the contract .

I only signed one contract -when i arrived at the company
My boss never sent me back a signed contract

Am i obligated to abide by the contract that my boss broke ??
Abide by the contract in what way?
 

NIV

Member
I'm not sure your legal conclusion the contract was breached is correct. There are a lot of issues on that score and I am not going to give the odds on any one of them causing problems. But, even if there was a breach by one side it does not make the contract void as to the other.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? NJ / NY

I signed a contract when i joined a company

In the contract was how much i would be making commission on sales .

After a couple months my boss called me in and said i should have known that the percentage in the contract of how much i would be making commission makes no sense . He then lowered my commission . a Year later i was going to leave for a better job so they gave me back my original commission structure that was on the contract .

I only signed one contract -when i arrived at the company
My boss never sent me back a signed contract

Am i obligated to abide by the contract that my boss broke ??
In the only contract both you and your employer signed there was a higher commission rate agreed to than was paid you by your employer? At no time did you agree (in writing or orally) to a lower rate of commission than the rate indicated in the original signed contract?

An employer cannot change the terms of a signed employment contract without the amended terms agreed to by the employee.

With that said, what is your concern? Are you seeking owed commission based on the original contract instead of based on the rate as adjusted orally by your employer?

Because I am not real clear what you are asking with the "obligated to abide" question, I can tell you that even if one clause or certain terms of a contract might be voided or are voidable, the rest of the contract and its terms could be enforced/are enforceable. The contract needs to be reviewed in its entirety and the parties intentions and understandings when forming the contract need to be examined.
 

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