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Ask David Weilbacher, Esq. Your Own Question
David Weilbacher, Esq.
David Weilbacher, Esq., Attorney
Category: Business Law
Satisfied Customers: 335
Experience:  Criminal & Civil Litigation, Estate Planning, Probate, and Bankruptcy
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I am a commissioned salesman, N.Y. state. I have no contract

Customer Question

I am a commissioned salesman, N.Y. state. I have no contract with my new owner for the last 16 years. He has deducted commissions for sales which our customer defaulted due to bankruptcy and customer error. can I reclaim any of this
Submitted: 8 years ago.
Category: Business Law
Expert:  David Weilbacher, Esq. replied 8 years ago.
I think you have two issues here. First, regarding the commissions for customers who have defaulted for whatever reason, I think you are out of luck. The company has no obligation to pay you for sales it was not paid for.

Second, as for the company pulling accounts to handle large jobs and then returning the account to you, that is a more difficult issue. Does your contract with this company address how accounts are assigned and how or when the accounts can be pulled from you? Depending on the terms of your contract with this company, you may have a claim against the company for the commission you would have earned for the transactions. I suggest you have your contract reviewed by a business attorney to determine if you have a claim for unpaid commissions.

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