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Deceptive employment ? Please help

Discussion in 'Hiring, Applications, Background Checks' started by wonka2000, Apr 14, 2013.

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  1. wonka2000

    wonka2000 Law Topic Starter New Member

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    I just moved from GA to TX for employment to a job. $50,000 per year was agreed and paid starting Feb 1st 2013. I moved to TX ion March 16 and started working in house as discussed when employment was agreed.

    April 10th I was introduced with a "change" of position. Commission base only, or leave. I have email stating that $50,000 per year was agreed upon as well as check stubs. I have not been here for a year before basically getting canned. They state their business model has changed. Either I did what was needed and a so long sucker, or I was brought here with agreed salary to take advantage of me once here (which I am sure was the process).

    Is there anything that can be done to help me? I emptied my savings to move here and in a very very bad spot.
     
  2. wonka2000

    wonka2000 Law Topic Starter New Member

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    After a little more research, I know Texas is a work at will state, but it seems I can go further under "PROMISSORY ESTOPPEL."

    Considering I moved and not even a month being here I was confronted with what I stated above.
     
  3. Proserpina

    Proserpina Moderator

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    "Detrimental reliance" might be your friend here.
     
  4. Betty3

    Betty3 Super Moderator

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    Detrimental reliance (you replied on the offer - that is why you moved & then you had an adverse affect) might be your only option. However, DR cases are hard to win in an "employment law" context. You will need to talk to an attorney - hopefully one that knows something about DR - some lawyers have never handled a DR case.

    Reliance is a contract law concept, not a labor law concept. Basically for a DR claim to work, all of the following must exist.
    - It must be shown that an *actual contract* exists under the laws of the state in question.
    - It must be shown that one of the parties not only violated the contract, but deliberately failed to mitigate the adverse affects to the other party.
    - The other party must be able to show actual damages related to the other party's bad actions.
     
  5. wonka2000

    wonka2000 Law Topic Starter New Member

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    No contract, all I have is email and check stubs proving my salary. I also have the expense in the move I paid for.

    To be told, we are knocking you down to commission or you are laid off, was a crappy day while not being here even a month.
     
  6. Betty3

    Betty3 Super Moderator

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    You can still run it by an attorney but it's probably a long shot particularly without a legally binding contract. Take whatever you have.
     
  7. wonka2000

    wonka2000 Law Topic Starter New Member

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  8. Betty3

    Betty3 Super Moderator

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    You're welcome. Sorry the job didn't work out.
     
  9. Elle

    Elle New Member

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    Does going on commission only change how much you can make substantially? If you are expected to make about the same and the only thing that changed is how your salary is figured, it is going to be all but impossible to win any kind of claim. That is totally different than having your job yanked away from you a month after starting or being asked to take a substantial pay cut.
     

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