Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Thank you for your question. Please permit me to assist you with your concerns.What you are describing is not statutory but purely contractual. In essence who two or more independent parties choose to agree as the terms of their business relationship, provides the terms are not against state or federal law, are binding. His demand, while potentially unreasonable from your perspective, is not illegal and is not in violation of any state law. Consequently you as an another independent contractual party can choose to counter-offer with terms you deem to be more fair and acceptable to you, such as clauses on willful termination, limits on commission, or other terms that you may find to be fairer to your position. What you prefer to do is likewise legal and permitted, provided that he agrees. Here, state law would not really help, you simply need to sit down and negotiate for terms that end up being fairer and more acceptable to all of the parties involved to this potential relationship. I will say that at least based on industry standards the constant and total commission even after termination is almost never done. Typically in cases of 'voluntary termination', that is when the other person chooses to leave, they tend to forgo part or most of their owed commission, but in cases of being terminated without good cause, then more protection and more commission would be granted. All of these are simply conditions and clauses to haggle over, none of this is statutory.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).