Is it legal to pay another person the commissions that I have earned?

I recently had a job where I earned commissions. Our company recently emerged from Chapter 11 bankruptcy so alot of changes were made, including forcing us into new positions that do not pay commissions to us. However, when we sell a product that falls in the sales persons territory, those commissions are being paid to the sales person only because it falls in their area. Is this legal?

1 answer  |  asked Aug 18, 2010 06:21 AM [EST]  |  applies to Georgia

Answers (1)

Brad Dozier
Dozier Law Group, LLC in Atlanta, Georgia focuses on representing individuals in business, employment and personal injury cases. In our business litigation practice, we represent commissioned sales representatives who have been improperly denied commissions rightfully earned under the terms of their pay plan. In order to recover unpaid commissions, a sales representative has the burden of establishing the following: (1) the terms of the commission agreement; (2) that commissions were earned; (3) the amount of the commissions; and (4) that the commissions were improperly withheld or denied. Under the law, commissioned sales representatives may be entitled to receive their unpaid commissions, punitive damages equaling double the amount of the unpaid commissions, and their attorney’s fees. If you wish to discuss a commissions case, you can call me during or after regular business hours or on weekends at (404) 949-5600.

posted by Brad Dozier  |  Aug 28, 2010 06:44 AM [EST]

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