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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 36102
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I am a successful 10-99 sales rep large logistics firm. I

Customer Question

I am a successful 10-99 sales rep for a large logistics firm. I have a contract in place that provides the terms of the commissions etc in California...Recently an executive of the company has complained that the 10-99 reps make too much money and thinks the contract needs to be changed. This rumor is spreading to a point where some of us what to take our business elsewhere to fend of any changes that might take place. Do this rumor mongering by an executive of the company constitute an indirect attack on our contract and can we act preemptively based on these comments and claim the contract is voidable? As a note I live in CA and had all of this business years prior to the purchasing of the company I had worked for. Please also note that about 6 months prior to the purchase, the company I worked for reduced our commissions, then once the new company purchased us the new company said we could have our original commission structure back if we agree to sign the new contract. It was he reduction, what else were we going to do. I am of the belief that collusion between the buyer and the seller preceded this agreement. (The buyer got burned by a previous purchase where contracts were not signed.) I am also of the opinion that we were forced to sign this under duress due to the extent by which our previous commissions were reduced.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for 3 decades, handling employment law matters and am familiar with independent contractor issues such as yours.
You asked: "Do this rumor mongering by an executive of the company constitute an indirect attack on our contract and can we act preemptively based on these comments and claim the contract is voidable?"
The rumors and wants of the executive you refer to in no way provide you a legal basis to terminate the contract that you have, preemptively. Neither is the contract made void or voidable based on these noises coming from the company.
I empathize with your feeling that you were somehow forced to sign the contract. However, being offered what may have amounted to a take it or leave it offer is not the kind of duress envisioned in the law which would void the contract or act as a legal defense to enforcement.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug
Expert:  LawTalk replied 1 year ago.
This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call.
Thanks in advance,
Doug

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