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rvlaw
rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience:  NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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I am a sales representative that recently has been fired in ...

Customer Question

I am a sales representative that recently has been fired in Minnesota. I do not have a contract with this company, what is the length of time, 180 or 90 day notice they are required to give me to terminate my relationship with them
Submitted: 9 years ago.
Category: Business Law
Expert:  rvlaw replied 9 years ago.

Hi,

Please clarify...you say he was fired...then you ask about HIS NOTICE TO LEAVE.

RICH

Customer: replied 9 years ago.
Minnesota Statute 325E.37 Termination of a Sales representative - Industry standard is 30 days for termination - accourding to 325E.37 do I they have to give me 90 or 180 days notice for termination. I see 90 in the statute but I have also been told 180 days. I'm not sure if I still have 90 days to receive commission on my accounts or 180 days - I need to send them a reply for my dismissal and I want to make sure I have the correct amount of days.
Expert:  rvlaw replied 9 years ago.

90 days if the agreement is of DEFINITE DURATION (expires June 30, 2008) but if INDEFINITE DURATION (open ended) also 90 days subject to the exceptions....and the 180 days at the end of the section is NOT a different notice requirement.

Subd. 2. Termination of agreement. (a) A manufacturer, wholesaler, assembler, or importer
may not terminate a sales representative agreement unless the person has good cause and:
(1) that person has given written notice setting forth the reason(s) for the termination at
least 90 days in advance of termination; and
(2) the recipient of the notice fails to correct the reasons stated for termination in the notice
within 60 days of receipt of the notice.
(b) A notice of termination is effective immediately upon receipt where the alleged grounds
for termination are the reasons set forth in subdivision 1, paragraph (b), clauses (1) to (6), hereof.
Subd. 3. Renewal of agreements. Unless the failure to renew a sales representative
agreement is for good cause, and the sales representative has failed to correct reasons for
termination as required by subdivision 2, no person may fail to renew a sales representative
agreement unless the sales representative has been given written notice of the intention not
to renew at least 90 days in advance of the expiration of the agreement. For purposes of this
subdivision, a sales representative agreement of >>>>>>>>>>indefinite<<<<<<<<< duration shall be treated as if it were
for a definite duration expiring 180 days after the giving of written notice of intention not
to continue the agreement.

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.