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NSW Employment Contract - Possible to Get Sales Commission Payment After Resigning?

Discussion in 'Employment Law Forum' started by Liam Royes, 26 October 2015.

  1. Liam Royes

    Liam Royes Member

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    I am aiming to resign, but still receive Sales Commission payments for sales deals closed. I believe this is the case but would like an opinion. My employment contract states:

    "Except as required by applicable law, where a Participant’s employment with the Company is terminated for any reason, the Company will only pay Plan Payments that are attributable to Earned fees for Transactions that closed prior to the effective date of employment termination. As an exception to this rule, the Company will make Commission Payments for Transactions that the Participant closed prior to their termination date, even if the Quota Credit-eligible fees were not collected prior to the termination date as long as the Company has collected the corresponding fees from the Customer within 90 days of the Participant’s termination date. In all other cases, no Plan payments will be Earned or paid if the underlying Transaction did not close or the other requirements for Earning such Payments were not satisfied prior to the termination of employment"

    A "Transaction" is easily defined in this case. And "Earned" is too. I'm confident that the deals closing are "Earned".

    Thanks
     
  2. Serge Gorval

    Serge Gorval Well-Known Member

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    Have run many claims of this nature and from what you describe, there is a claim for your commission. How much is owed to you?
     
  3. Liam Royes

    Liam Royes Member

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    It will be about $40k.
     
  4. Serge Gorval

    Serge Gorval Well-Known Member

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    I suspect that your employer will attempt to withhold the commission given its value and your resignation. The clause in the contract is not well drafted as it does not expressly define "earned" or "transaction". Are these long term sign up contracts or just one off payments ?
     

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