Constructive Termination

[czakk]

I work in CT in a sales position for an out of state company. Recently, my employer has changed our compensation program which in effect reduces my pay by 40% at the same volume of business level. The previous comp program has been in effect (with minor changes) for 8 years or so. I had been told
by the department head several months ago that they were going to change the comp program to get rid of two of my co-workers who are not particularly productive. I almost doubled my written goal for last year, and yet I am to lose more $ than them. Do I have a case for constructive terminiation, or does the fact that I work for an "at will" employer allow them to deficate all over myself and co-workers?

Thanks

 

[drpiddle]

Yes, I would be interested in a legal opinion on this one also.

Thanks

 

[lawguy]

unless you've got a contract promising you a certain commission rate for a particular period of time (or for particular accounts), your boss can probably change "prospectively" the commission structure (i.e., for future sales completed after they give you notice of the rate change). of course, they shouldn't be able to change the rate paid on any sales that were completed prior to them notifying you of the new rate scale; this would be a breach of contract.

just because they reduce the rate doesn't mean you've been constructively discharged. this "discharge" occurs only when any reasonable person would feel "forced" out by intolerable conduct. simply lowering the rate scale probably doesn't qualify as intolerable conduct.

if you don't like the deal, you can quit. but, they aren't making it intolerable for you to stay.