employer breaks sales commission agreement

[inasinkhole]

What is the name of your state? Florida

After closing a multi-million $ government contract sale for my company, my boss now decides he wants to disregard an agreement we had in place for over 11 months and is now deciding to pay 1/2 of one percent instead of the 3 percent he owes. I have a none-compete signed with this same "Angel from Hell" and he thinks he has me in corner, since I can't afford a lawsuit, he has seen to that and he is known to go after the poor souls that do leave him to work for the other guys.
Also, the agreement states that if you leave the company you leave the commissions as well. (Somebody beat me with a big stick for ever signing that thing.)

Anybody ever hear of winning a "Breach of Contract" (sales commission case) against a boss that refuses to pay, who by the way has his daddy's real deep pockets to back him up?

Stuck,

 

[hexeliebe]

What you need to do is take your contract and the non-compete to a corporate law attorney where you are and ask if they would take the case on a contingency fee basis.

If the attorney thinks he has a good chance of winning the contract his fee would come out of your award, which might just surprise the old man.

Also, if you win in a breach of contract case, the non-compete is probably going to be held null and void also.

 

[inasinkhole]

I thought that most attorneys will only consider a contingency case if the case involved injury ie workmens comp case or a malpractice suit, or an auto accident case?

 

[hexeliebe]

a multi-million $ government contract sale for my company

Even if you are fudging and by multi-million dollar contract you mean the number 2, then 3% of that is $60,000 and an attorney's cut of that would be (depends on the attorney) usually 40% or $24,000.

Now, if the numbers are higher and treble damages are awarded then you can see where I'm going with this.

Go talk to a few attorneys and see. If you have an agreement (without 'escape' clause for the company) that gives you 3% on commissions then enforce it.

 

[inasinkhole]

Thanks,

I'll take this advice and shop my case. I was wondering though , how much time do I have before I run out of time ie Statue of Limitations.

The reason for this ? is that the moment I hit "ole money bags" with a suit, I'll be fired for some sort of "corporate treason", and will be looking for a new job out on the streets. (And to think my last review was termed "excellent". Hmm) Vested too.

So my thought is to line up another job offer prior to getting my pink slip. But that will take some time to accomplish this task. Thus my concern as to Statute of Limitations.

But if you could clear one thing up for me,,,,,did you inferr that triple (3 times) what is owed could be deemd as a possible award?

 

[hexeliebe]

So my thought is to line up another job offer prior to getting my pink slip. But that will take some time to accomplish this task. Thus my concern as to Statute of Limitations.

Start looking for a job now and shop your case in the meantime. I don't know the SOL in your state but I'll look it up. (I believe it is one year from the date of the violation)

did you inferr that triple (3 times) what is owed could be deemd as a possible award?

There are a lot of circumstances that must be met before treble (triple) damages can be awarded. But yes, it could happen. Just don't go in thinking it will. This is a matter for you and your attorney to discuss.

Other provision that you could sue for are lost interest on the moneis owed and costs of bringing the suit. the pont now is to find an attorney to advise you face to face.

We only get one side of the story on this forum and we can't read and interpret a contract here. An attorney who has the contract in her/his hand can and is in a better position to advise you.