PROTECTING YOUR SALES COMMISSIONS AND TERRITORIAL RIGHTS

Facts

Termination by principal

Although many contracts are “at will” and may be terminated on short or no notice, principals may not do so with ill motives; and even if rightly terminated you may be entitled to post termination commissions, although your contract says you receive no post termination commissions or fails to address the issue.

Damages recoverable

Agents can expect to collect any where between just a portion of what is owed to them contractually (if settled early) up to triple what they are owed plus their attorney’s fees in a full blown trial, depending on the State law at issue.

Jurisdiction

A party to a contract may not generally waive their own State’s laws pertaining to sales agents and commissions, although they might have agreed, contractually, to have another State’s laws apply in case of a dispute.

Venue

If there is no provision in your contract addressing where any lawsuit would be filed, it is generally acceptable to file in the State/County where you performed services under the contract, or where the contract was signed.

Lawsuits

Less than 10% go all the way to trial. Most settle, and some are dismissed.

Level of involvement in a lawsuit

Due to the abundance of sales agent protective State laws, a majority of our lawsuits settle without the client ever having appeared in Court. However, in the case of a full trial on the merits, the involvement can be very substantial and time consuming.

Our firm litigation history

We have a 97% success rate in this niche area of law, and have taken Judgments, or successfully settled lawsuits for sales agents in: California, New York, Texas, Florida, Illinois, Idaho, New Jersey, Pennsylvania, Maryland, Connecticut, Georgia, North Carolina, South Carolina, Minnesota, Oregon and Washington.