If your company has a sales force, you must have legal and enforceable agreements in place to appropriately define the relationship with those sales people, avoid claims for commissions allegedly owed, maximize protection of your critical assets, and avoid liability. Almost every state has a statute that governs these relationships, specifically the payment of commission. If you violate these provisions, the penalties can be severe. A simple review and update of agreements (or implementing agreements if you have none) can provide the needed preventive measures to protect these assets and minimize risk. Our attorneys have national experience counseling clients on sales representative issues, including helping you answer the following questions:
- Have I defined when my sales representative’s compensation is earned and will be paid and does that comply with applicable state law?
- Have I provided for the payment of earned compensation after termination of the sales representative and does that comply with applicable state law?
- Will I be responsible for paying my sales representative for sales that are concluded after they are terminated?
- Do my sales representative agreements protect my business, assets, clients, and livelihood?
Our attorneys have significant experience with the following:
- Drafting sales representative agreements that comply with applicable law regarding payment of commissions and termination of the relationship.
- Reviewing your current agreements to ensure they are compliant and provide you all available advantages and protections.
- Developing a plan for termination of the relationship that protects your company’s interests.
- Aggressively representing your company if litigation occurs.