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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 15694
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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3 months ago the company i worked for hired a new President

Resolved Question:

3 months ago the company i worked for hired a new President from a medical distributor called VWR Healthcare. We were not told why, but we suspected with the failed Product launch of a new product in February, there might be some financial issues.

On Thursday June 27th I was called and congratulated for having the highest sales in the company. On Friday June 28th I was called and told that there were going to be changes to our expense structure and I would be receiving a by weekly check. I was also told that a Manager that use to work for our new President,had a son working for the company in the Pacific NW. He was not cutting it in his territory and wanted to move closer to home in Nashua NH. They decided to give him CT, MA and RI. I covered all 6 new England states. These were my biggest producing territories . I was also told that my territory from Albany NY would now be extended to Rochester –Buffalo NY, as the Rep Handling that territory left 3 months ago. This is an 8-10 hour drive. I was also going to get a cut in Pay to less than 1/2 that I had made the previous month. We were also going to receive full commissions on 4 Products and Everything else was 1%.



On July 2nd I received an email that Clarity Diagnostics was acquired by a Vendor Partner, which chose to remain anonymous. My employment Contract as well as the new Rep and our Rep in Chicago were being transferred to the new company. Every Clarity Sales Rep and independent Distributor throughout the US were terminated.


During the month of July, the VP of sales and marketing were pressuring me to provide the New sales Rep with all of the hot prospects in my former territory, which I had no interest in doing. I did provide them my top 25 accounts and all of my notes. Because of my refusal to provide them all of my contacts, I was terminated on July 31. The new president is also gone.

I was a commission only sales rep and worked the territory for 2 1/2 years building relationships and scouring for leads. the company provided me nothing in the way of leads or information. the company paid for my insurance only and paid for my expenses with a company credit card. I am 57 years old.

Do I have any legal basis for wrongful termination.
Thank You
Submitted: 11 months ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 11 months ago.

WALLSTREETLAW :

Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification

WALLSTREETLAW :

If you were a contract employee,

WALLSTREETLAW :

and the contract stated that you can only be terminated for cause, you can sue them for a wrongful discharge,

WALLSTREETLAW :

if you do not have a contract that states you can only be terminated for cause,

WALLSTREETLAW :

the employer can terminate you for any reason, except if it is due to your race, gender, age or other protected civil right.

WALLSTREETLAW :

If you feel they have treated you this way due to your age,

WALLSTREETLAW :

you can file an age discrimination case,

WALLSTREETLAW :

you can do this with the EEOC, and they will investigate, and

WALLSTREETLAW :

try to force the employer to settle with you

WALLSTREETLAW :

To file a claim with the EEOC, contact the nearest local EEOC office. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.








EEOC — Miami District Office
One Biscayne Tower
2 South Biscayne Boulevard
Suite 2700
Miami, FL 33131
Phone:(NNN) NNN-NNNN
TTY:(NNN) NNN-NNNN/td>
EEOC — Tampa Area Office
501 East Polk Street, 10th Floor
Tampa, FL 33602
Phone:(NNN) NNN-NNNN
TTY:(NNN) NNN-NNNN/td>
Customer:

I was not a 1099 employee. my termination was for Failure to follow the direct order of a superior and for not following company policies ( I have no idea what the company policy were) but the above was in my employment contact stating that just cause would be failure to follow direct order of a superior.

WALLSTREETLAW :

If they have to prove cause,

WALLSTREETLAW :

you can sue them for a wrongful discharge, and force them to prove the allegations in Court

WALLSTREETLAW :

If they cannot prove that "cause" existed you could win damages from the employer for the wrongful discharge

Customer:

is it lawful for them to require me to give them this information that I had acquired thru my contacts over the last 2 1/5 years and thru searching the internet for leads?

WALLSTREETLAW :

not unless they claim they have legal rights to it, or you signed such a statement allowing them this information

WALLSTREETLAW :

If you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

If satisfied please provide us with positive feedback, so we can receive credit, thank you

Customer:

in reading over my employment agreement under confidentiality: DTG is the company . Employee will not disclose, copy, remove from the premises or any other DTG or customer location, sell, loan, use or misappropriate at any time any confidential information, regardless of how obtained and regardless of whether such information was created or conceived by DTG. in this regard, employee agrees that all such confidential information, even if created or conceived by employee while engaged by DTG on behalf of DTG or DTG's clients, is the sole and exclusive property of DTG

Customer:

this is the only thing I can find relating to materials

WALLSTREETLAW :

they will use that clause to claim the information is theirs,

WALLSTREETLAW :

however, you can fight this by arguing you do not have any confidential information, and any information you have is readily available to them and to the public

Customer:

funny thing is the other managing partner called me this week and wanted me to bring them business on a commission basis because they know I had a lot of leads and opportunities that they knew they lost because of their ego's

WALLSTREETLAW :

You can advise them that you want a 50% cut of any business,

WALLSTREETLAW :

If you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

If satisfied please provide us with positive feedback, thank you

Customer:

trouble is I would not trust them to clean my toilet !

WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 15694
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
WALLSTREETFIGHTER and 4 other Legal Specialists are ready to help you
Expert:  WALLSTREETFIGHTER replied 11 months ago.
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