Is a guarantee in an employment offer letter enforceable?
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Is a guarantee in an employment offer letter enforceable?
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I started a new job a little over a year ago at a descent sized software company, and part of the offer was a guarantee of a set amount in commission. The offer reads, "Annual sales of $500,000 will result in $37,500 in commissions which will be paid on a monthly basis. We understand that these are new products to the North American market and for the first year, we will match any short coming of sales that fall below $500,000 as long as best efforts are given (i.e. - guarantee you will make at least $37,500 in commissions.)"
They didn't make up the difference. Now, they are laying people off, including myself. The company is not filing bankruptcy, just downsizing in a big way. Do I have any recourse?
Thanks
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V.T.V.RAM
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Since the commission has been assured in the offer (which has been accepted by you), the employer is bound to pay you the same. If they do not pay, you can file a suit for specific performance of the contract. |
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ronimg
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Was the offer in writing and signed by HR and yourself...or was it a sales gimmick? |
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rwa000
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an offer letter is not an employment contract therefore it is not enforceable, there is no legal recourse |
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Michelle C
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Take it to an attorney |
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Sweet Bitterness
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Anything stated in an official offer of employment package is enforceable. If the company has a Human Resources department I would suggest going to talk to them about it, or going to the nearest HR Tribunal.
Best of luck. |
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