Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
Washington law in regard to commission agreements, which is essentially the same as the majority of states, is that unless the employer has a written policy of cutting off commissions upon termination, then the employer continues to owe commissions for which the person was the procuring cause of the sale, even when commissions are due well after termination. Here, under the terms of the commission agreement, he would not be entitled to commissions after his date of termination at all.
The second part of your question is more in the air. He signed the first two years' agreements, but not the last, and the question is whether it can be binding on him despite his non-signature. This really would depend on whether the trier of fact (a judge or jury) would see this as an implied contract moving on (i.e., the parties course of performance over the years shows they intended to carry out the same in 2015), or whether the entire agreement just stopped after 2015. I tend to see it as an implied contract, because he kept earning commissions and the parties acted like they were still under contract. If more things about the relationship changed in 2015, I might be swayed more that the past years' terms aren't now binding, but that doesn't seem to be the case. In any event, it would be up to a judge or jury to decide that factually...and it would be difficult for either side I think to say with certainty that they'd win such a lawsuit...that may be your opening to negotiate some amount of it as payable to him -i.e., threaten to sue because the 2015 agreement was never signed, cost of potential litigation may convince them to negotiate some amount.
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