Legal Question in Business Law in Virginia

My husband is paid commission based on the net profits of his division. His recent check was much less than expected and his company claims their overhead is extensive. My husband sold 1.13 million and the company is claiming that his sales are 26% of all sales, yet they say their overhead is 1.2 million. Obviously this is a small company and we did not expect the overhead to be so high. They originally agreed that he could see the P&L, but now they won't give him a breakdown of the overhead so he has no idea if he's getting paid fairly or not. Does the company have to disclose overhead breakdown?


Asked on 5/10/14, 7:42 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

If your husband is working pursuant to the terms of an enforceable contract

for which there is credible evidence that it may have been materially violated

to his detriment, then he could file suit and in the discovery phases of

the case require that the company disclose all relevant evidence in the matter, including its profit & loss statement, if such were relevant.

Otherwise, I find it most unlikely that a closely held, private company such

as the one described would be required to disclose such information.

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Answered on 5/12/14, 6:49 am


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