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Sir/Madam: I began independently representing a well established

Sir/Madam: I began independently representing a...
Sir/Madam:

I began independently representing a well established publisher in December 2011. They never used independent reps before and from the get-go, problems arose. I now see a point in the near future where either they will terminate my contract or I will terminate them.

The challenge for me is that my initial contract has no termination clause (shame on me!), and I believe them to be very unprofessional in the way they handled me, leading me to believe that if and when we part company, they will pay my only the commissions due at the termination date.

The standard for the print publishing business is that booked ads are paid commission when the ads are printed. In real time, the ads I booked for December, 2012 are commissioned to me until February 28, 2013.

I did an initial calculation and at this writing, they will owe me $2,700 in commissions for 2012 alone.

Ideally, I want to part on good terms with them and would certainly agree to 90 days in commissions from the date of termination, but I am concerned they will not do the right thing.

I appreciate your feedback and what course of actions I should consider.

Andy Rosen
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Answered in 2 minutes by:
7/1/2012
NateLawAnswers
NateLawAnswers, Attorney
Category: Legal
Satisfied Customers: 10,686
Experience: Over 8 years of legal practice.
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Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

Your situation is entirely controlled by what you have in writing. Legally, that is all you can expect. Whether they do the right thing or not is certainly an issue for debate. As you have a contract for your services, the writing will be the beginning and end of the arrangement. If you want to continue with them, I strongly suggest you reapproach the terms and negotiate a termination clause in your arrangement.

Please remember to only rate my answer when you are 100% satisfied.  IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have.

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Customer reply replied 5 years ago

Nate:


 


Thanks for your feedback. My concern is that if I approach them about adding a termination clause, they will get the impression I’m going to quit. It is inevitable but I will bet I will only the commissions due me at the date of termination.


 


Andy

That's probably an accurate assessment. The best thing you can do is make it clear you want to continue the relationship but just want to make sure everyone's concerns are reflected in your mutual agreement. That is a non-threatening way to make sure that everything is accounted for and your (potential) severance from the relationship will be agreed and without dispute.

If you have further questions, please feel free to continue. If not, please do remember to leave a positive rating

for my assistance today.

Thanks!
Nate
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Customer reply replied 5 years ago
Great feedback, Nate!
Customer reply replied 5 years ago

Nate:


 


What if I feel as if they are doing and emailing things to get me aggravated that encourage me to want to quit, a sort of subtle harassment?


 


Andy

That only matters if you can prove discrimination based on your sex, race or age. Otherwise they are free to treat you however they like, good or bad, while you're doing work for them.
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