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mikedfjr

Guest
California - My company started a new business unit that offered special software hosting services (ASP) to its customers in return for 36 month committments by the customers to pay a minimum monthly rate for such services for a minimum period of 36 months. My commission plan for this type of sale called for two different types of compensation that would be due to me as a result of my sales. The first commission payment would be a percentage of the sum of 12 months of fees that the customer had contracted for, paid to me up front, upon their signing of the contract. The second commission was a 'bonus commission', in that I would only receive this commission if I made my quota for the year in which the deal was closed. If I made quota, which I did, then I would be paid a "residual commission" of 5% of the monthly fee paid by my customers for services they had agreed to in the 36 month contract for months 13-24. The company paid this commission to me monthly, at the conclusion of each month, starting with month 13. Shortly after the beginning of this 12 month period, the company closed the business unit, claiming that it was losing money. They negotiated new agreements with each of my clients, averting certain legal action by my clients for their breach of contract, and subsequently breached my sales contract by discontinuing to pay me my commission, which I believe that I had earned. I have an active case in front of the hearing officer and have been asked by him to file a "brief" summarizing my case. I am not a lawyer but my company has hired one. What is a brief and do I have a "legal" case?:confused:
 


cbg

I'm a Northern Girl
I am not a lawyer so I will not attempt a definition of a brief. As to whether you have a case or not, that will depend upon how your state has interpreted commission issues in the past, and the exact wording of the commission schedule/agreement, which obviously we cannot know. Your best bet would be to have a local attorney review the agreement, and he can define "brief" for you as well.
 

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