Legal Question in Employment Law in New York

Fair Sales Compensation

I do sales for a large national laboratory. At the end of each month we are handed sales sheets to review any increase in business we brought in. I then have to submit names of clients I have increased with new sales in order to be compensated.After 3 months I'm paid for the quater.

This company continually adjusts the paysheets and calls this process dissallowances or adjustments and they are always a negative adjustment. This quater they claim to have put a insurance through as a fee for service when it should have capitated.This positively impacted the sales force. So know that the quater is over they are reviewing the paysheets and making again a huge negative adjustment.Do myself and my colleuges have a legal case? I have many examples of emails and voice mails to support this companys lack of concern towards compensation. What should we do?


Asked on 4/14/05, 8:33 pm

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Good Salesperson Laws in NY

If your sales area and your base in NY you are covered by some excellent laws as a salesperson. First and foremost is the requirement for a written agreement regarding compensation. If this does not exist you have a very large step up!

There are some facts missing in your statement but if they mis-characterized a fee or cost you should object in writing. Also the negative adjustments need to have basis and you should each request actual documentation showing why they were made.

It appears you have a case but an in depth interview between you, your colleges and a competent attorney is necessary. Good luck!

Read more
Answered on 4/15/05, 1:09 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in New York