An independent sales rep sold an annual advertising contact for our magazine. A week later he informed us he no longer will be selling advertising for us. The advertiser pays monthly and another rep services the account. Do we have to continue to pay monthly commission on the ad to the old rep? We are located in Nevada.
State/Country relating to question: Nevada
Hello, I am a professional here to assist you. I appreciate your use of this service.
If a worker has done everything needed to earn a commission the the employer must continue to pay the commission.
But, the issue would turn on the language continated in the compensation agreement.
Even after he quits and was a 1099. We still have to service the account.
If the employer can show that servicing is a condition of earning the commission then it would not be owed to the old representative.
Does that make sense?
So, you would need to look at the compensation agreement.
There was no agreement, just a verbal. You sell you service and you get paid.
If servicing was a requirement for a commission, then it would not be owed if the servicing by the employee ended due to termination of employment.
I would like to provide a brief explanation of how this system works. In essence, when we are done you will leave a rating for my answer. I only receive credit for assisting you if you leave a positive rating. The rating only applies to my answer. In some situations I will supply accurate legal information to customers who feel that information is "bad news." Please do not hold me accountable if the information provided was not what you were hoping to hear. We answer questions relying on an honor system with the hope that customers will do the rights thing and provide a positive rating so that we are credited for your work.
Please feel free to follow-up later. I would be happy to assist you further even after you leave a positive rating.
Thanks I think that covers it. I will post a smiley face
Wide experience in consumer rights law.
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).