Atlanta Injury Lawyers BlogGeorgia Commissions Law for Sales Associates and Account Executives in Atlanta
Sales associates and account executives typically work very hard. Successful and hard-working sales people can earn a lot of money and make a good living. Unfortunately, they are not always paid the correct amount of money that they are owed by their employers. Sometimes, this is an honest mistake and can be rectified in short order. Far too often though, there is no mistake and the employer company refuses to pay the full amount of commissions owed, even after the sales associate makes numerous demands for payment.
This is an unfortunate situation that happens all too often. A salesperson is gainfully employed and working hard. She makes a large sale, or a series of large sales, often pushing the limits of the commission plan. The company, while very happen to book the revenue, does not want to pay the large commission. In an attempt to avoid paying the full commission, the company tries to unilaterally change the salesperson’s commission plan after the sale and without the consent of the salesperson. Or, the company will terminate the salesperson before the commission is due and claim that the do not have to pay the commisson. Alternatively, the company will try to negotiate with the saleperson to avoid paying the full amount owed under their agreement.
These type of commission disputes are usually governed by something in writing. It could be an employment agreement, commision schedule, commission plan or some other similarly titled document which explains how salepeople are compensate and under what conditions. There is usually an itemized list of definitions and this document, many times, lays out when the sales is consdered booked and when it is payable. It almost always details the amount of commission that will be paid on each sale, what has to be completed to be paid, how commissions are calculated, any incentives or bonuses that could be applicable and when the commissions and bonuses are payable. While each case is different, this commission document usually forms the basis for the claim for full commissions due and payable.
As discussed above, employers sometimes try to avoid paying the full amount due. They often make numerous claims that are may or may not be true, such as: (1) that they have full and final say or sole discretion on the amount of commissions that will be paid on each sale; (2) if the employee is not employed with the company when the commission is supposed to be paid, that they do not have to pay the commission; (3) or that the employee has somehow forfeited the commission or bonuses due.
Commission disputes are obviously a complex area of law that turns on the facts of the case, the documents involved, and the applicable case law that governs the case at hand.
Call Today (404) 923-7497
Robert J. Fleming has been handling commission disputes and pay disputes in Georgia courts for over 25 years. He practices in Atlanta, Georgia ande handles commions cases in Fulton, DeKalb, Clayton, Gwinnett, Cobb and other counties and nearby cities such as Alpharetta, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you are involved in a commission or pay dispute and would like to discuss your case in complete confidence, contact Robert J. Fleming directly on (404) 923-7497 or contact us online.
