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As a sales person I am in jeopardy of being put on probation…

Customer Question
As a sales person...

As a sales person I am in jeopardy of being put on probation if I don't show improvement - I was given goals on April 19th for 2nd quarter and was told that if I didn't show improvement by then a plan would come next quarter.... what should I be holding them accountable to - what kind of assistance should I be asking for?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Not yet, I'm hesitant to speak to HR because I know they are there to protect the company & my manager just asks what I need.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will in an at will state.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 3 months ago.Category: Employment Law
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Answered in 34 minutes by:
4/23/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,420
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am sorry you are experiencing these difficulties. That said, HR is a good place to go for this type of issue. Though they are a part of the company their goal is to ensure employment law compliance and also to retain employees. Also, if they can help you identify your needs to meet your goals, that helps the company. More sales means more money for the company and better performance for you.

If you are not being supported with customer contacts, product information and marketing materials that can be helpful. If you are an in store sales person, consider working closely with someone who is performing well to see what seems to work for them and then adapt those to your personality and strengths. If you are outside sales, consider asking your supervisor or HR for assistance with putting together a potential customer identification plan. You may want to consider investing in an online course to help you develop a sales strategy - and consider asking your employer to pay for such a course.

If you are relatively new to the business/product/service you are selling, ask a lot of questions of others who do your same job about what they think is the best thing about what you are selling. The more enthusiastic you are about it the more likely someone is to buy it from you.

As a legal matter, as an at-will employee, you can be terminated for any reason or no reason as long as the reason is not unlawful (e.g., discrimination). So, you want to take whatever steps you can to meet your goals and show your employer that you just need time to develop into a great sales person.

I hope this information is helpful. If you need further assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 3 months ago
Unfortunately it happens a lot in outside sales - I've just never been able to feel like I knew what to ask & what to hold the company accountable to...
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago

In general, I would expect the company to provide effective training and marketing materials, to be cooperative in sharing potential customer leads, provide the sales force attendance/access to trade shows and other opportunities to connect with large numbers of potential customers, etc. But there is nothing legally required of the employer; it would just be in both the interest of the company and the sales team to have these things in place.

Ask Your Own Employment Law Question
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago

I just wanted to check in to see if you needed any further assistance.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
I'm good - thank you for asking.
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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).

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