Legal Question in Business Law in Illinois

Working with a salesman

We hired an elderly gentleman in the Spring to be a salesman for our business. After 6 months,it just was not working out as he only brought in approx. 1 job per month.

We left him go last week and upon giving him his last paycheck, I asked him for the paperwork on the estimates he had given. He always carried the paperwork in his vehicle.

At first he told me that he threw everything away, and then

he told me that he left everything here in his desk and if it was not there, someone probably stole it. Then he told me that he would try to find some of them at home and bring them in. If we would happen to get any of those jobs, I have no paperwork. Can he get away with this?

Thank you.


Asked on 9/08/03, 2:22 pm

1 Answer from Attorneys
John Pembroke John J. Pembroke & Associates LLC

Re: Working with a salesman

"getting away with" something is problematic, because your ex-employee will not have any adverse financial consequences from failing to keep paperwork unless you sue him and win. I would not want to have to prosecute such a suit. Of course, as the employer you have rights to his estimates, and to fulfil the quotes if the customer comes to you. Enforcing these in a court of law is expensive, and may not be worth it. And, it may be that this former employee didn't work at all, and just told you he was quoting.

As far as the customers go, I'd simply ask them for a copy of any written estimate that they received. If it was oral, I'd requote, and explain that your former employee left, and did not leave you any notes for reference of what made up the old quote. If you can't come to agreement, it would be hard for the customer to prove a "low" quote without having it in writing.

In the future, I suggest that you make it a condition of receiving a paycheck for your salesmen to turn in written quotes and expense reports.

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Answered on 9/08/03, 3:03 pm


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