-Last week my employer stated that he will be reducing my salary approximately 52% and implementing a tiered commission structure. I am not going to willingly accept this change in pay because he has not paid my commission that was part of the agreement we had when I accepted the job. In the past he has changed independent sales reps. commission without notifying them or with their consent.
-Also he deducted from my pay received in January stating that it was due to absences Christmas eve, the Friday after Thanksgiving, and for a personal day that I took in November. He did not notify me of the change prior to receiving the pay. I am paid once monthly so the pay I received was for December. I asked him 4 times for an explanation before finally getting one a month later in February. He claimed that it was to show that the employees can't take off when they like. He was specifically referring to myself and the book keeper/accountant. We both are supposedly salaried employees. In 2008 we were given off the Friday after Thanksgiving and also Christmas eve. My employer did not say anything prior to either of those days or post what the holiday schedule was for 2009.
I read the following rule and was wondering if it would apply to me in any way.
§ 96‑14. Disqualification for benefits.
An individual shall be disqualified for benefits:
(1c) Where an individual leaves work due solely to a unilateral and permanent reduction in his rate of pay of more than fifteen percent (15%), said leaving shall constitute good cause attributable to the employer for leaving work. Provided however that if said reduction is temporary or was occasioned by malfeasance, misfeasance or nonfeasance on the part of the individual, such reduction in pay shall not constitute good cause attributable to the employer for leaving work.
Do I have a valid reason to file a complaint with the NCDoL? Also, if I left this employer/company due to the significant pay decrease could I file and receive unemployment.