Legal Question in Employment Law in New Jersey
Sales Comission
I am a VP sales at an IT firm. I have a regular employment contract that says I will get salary plus commission every year. My sales commission structure is from APR - MAR every year. This year my management had got $7.0 M business from HP from Jan thru till date.They did not give me a new commission structure even after my repeated asking. They recently presented a structure saying it is effective April. told them till I get a new commission structure my old plan would follow. I will make $30K per new plan, but my old plan I iwll make $130K. The disputed amount is over $100K . Kindly advice if I have a case as my employer is trying to stiff me of what I have eraned.
3 Answers from Attorneys
Re: Sales Comission
It is essential that an attorney read your employment contract to determine what rights you may have to pursue your commission under the old plan. Specifically, what if anything does the contract say about the commission plan's continuation once the time frame has run. Other than the contract, we would need to look at the practices of the firm with respect to commission since March. My firm handles commercial litigation and contract matters and I would be happy to discuss this in further detail with you. Please feel free to contact me at your earliest convenience.
Re: Sales Comission
On the facts as you present them, it soulds as if the company is in breach of the agreement and you have a good cause of action to get the full commission due to you. It is not likely that a backdated contract would have any effect on you for sales that had already taken place. Even if the old contract had expired on its own terms, the question would become what your reasonable expectations were.
You should be doing your best to preserve the evidence that you have and noting what and where things are that you can't get to without a subpoena. The proofs are not complex. We would have to show that there was a contract in effect; that under the terms of the contract, you became entitled to certain compensation; and that that compensation was never paid to you.
My firm handles matters of this type. If I can be of further help to you, call or email. If you remind me that the contact was through Lawguru, the first consultation will be free.
See also: http://info.corbettlaw.net/lawguru.htm
Re: Sales Comission
It depends on the agreement. Feel free to call our offices or e-mail me directly to discuss.