Change of Handbook = Loss of Commission = If 4 Week Notice is Not Fulfilled

[lbi00en]

What is the name of your state?What is the name of your state? New Jersey

I have been employed with a company for over 2 years now. As of last week, out of the blue, my boss notified us with a letter that there will be a an "Addendum to Commissions for Employee Handbook". It stated..."Any employee who gives notice but does not fulfill their four week contracted obligation will forfeit any commission due."

My question is...In the original handbook, It was stated that it is requested by Management that all employees give a 4 week notice. Never mentioning loss of commission under any circumstances. .... That is the handbook in which I was hired under.

Can an Employer withhold, an Employee's Commissions if notice is not fulfilled under the recommended 4 week request? If so, does this rule apply to all commissions due, or to only the commissions that were earned after the "Addendum".

** Also, no one was asked to sign this new Addendum. **

 

[pattytx]

Generally speaking, yes. Handbooks hardly ever rise to the level of a valid, enforceable contract. Therefore, the employer can change the criteria at any time. If the employer could not change the rules from the time you were hired, then he couldn't provide for any additional that was of benefit to you, either.

Whether or not this applies to previously earned commissions or not, only your employer can answer that. We would have no idea.

And the fact that you were not asked to sign is very likely irrelevant. You were informed. You don't have to agree.