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help in Colorado Colorado

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  • help in Colorado Colorado

    My husband started a outside sales job with a company in January 09. He told them before hiring that he also has his own company that he would promote as well part time. The boss was fine with it since it was not direct competition of their business and he wanted my husband to work for him any way. My husband even suggested a lesser salary since he was working with his own company to, so they agreed on an amount and he has a contract with them for that amount which is less than all the other sales people there make. He got his first 2 checks no problem but then yesterday his check was 1/2 of what it was supposed to be, the boss told him they decided they don't like him having the 2nd job after all and since they dont know how much time he is working on his other job they are docking his pay for the last month, even though he had more activity/productivity than the regular paid sales people, the boss said he has to take his website down or they wont pay him. Can they do this without any notice? Can they "take back" last months salary? They have a contract for the salary agreement but the boss said in the first 90 days he can change his salary to whatever he wants but it does not say that in the contract. My husband has many emails & documentation that his activity is far above the other sales staff that makes more & their pay was not docked. I just cant see that this is legal since he was aware from the start about the part time job, and agreed to the salary with it. thank you for your help!

  • #2
    He's going to have to get advice from a local attorney versed in employment/contract law who can review the document in its entirety.

    Generally speaking, a pay decrease cannot be made retroactively. However, since outside salespersons (if being treated as exempt) do not HAVE a salary requirement at all, whether wage and hour law would treat this lack of notification as a violation of law is iffy at best.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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