verbal contract

[buggywhip maker]

I'm in Florida, the home office is in California.

In August of 2005, I accepted employment managing a satellite office for a company in California. No contracts were signed, we came to a verbal agreement on compensation, a base salary plus a quarterly commission.

Come the end of December, someone in accounting contacted me and asked for a copy of the commission agreement because they could not locate it. I replied that there was no written agreement and was told not to worry, I would receive my commission regardless, and my first paycheck in January included commission for the last quarter of 2005.

I have been recently presented with a commission agreement for 2006 which states that a minimum amount of revenue for the quarter must be reached prior to being eligible to receive commission. This leads me to a couple of questions...

Since they paid me commission for the fourth quarter based upon a verbal agreement, am I required (in order to stay employed) to sign a new agreement or do I have a valid, on-going contract?

Are they required to pay my commission for the first quarter of 2006 despite the fact that the quarterly mininum was not reached?

Thanks in advance for you time and input.

 

[BelizeBreeze]

I'm in Florida, the home office is in California.

In August of 2005, I accepted employment managing a satellite office for a company in California. No contracts were signed, we came to a verbal agreement on compensation, a base salary plus a quarterly commission.

Come the end of December, someone in accounting contacted me and asked for a copy of the commission agreement because they could not locate it. I replied that there was no written agreement and was told not to worry, I would receive my commission regardless, and my first paycheck in January included commission for the last quarter of 2005.

I have been recently presented with a commission agreement for 2006 which states that a minimum amount of revenue for the quarter must be reached prior to being eligible to receive commission. This leads me to a couple of questions...

Since they paid me commission for the fourth quarter based upon a verbal agreement, am I required (in order to stay employed) to sign a new agreement or do I have a valid, on-going contract?

what contract?

Are they required to pay my commission for the first quarter of 2006 despite the fact that the quarterly mininum was not reached?

nope

Thanks in advance for you time and input.

you're welcome

 

[buggywhip maker]

I thought there was such a thing as an implied contract, wherein both parties perform as if there were a written agreement...

 

[ENASNI]

I thought there was such a thing as an implied contract, wherein both parties perform as if there were a written agreement...

When I hear "verbal contract" I usually say "What Contract?" like BB did, but that is in Real Estate, not this.

There are very knowledgeable people on this part of the board, I just wonder if this should not have been posted in contracts.

I am no contract person... believe me, but the first thing I thought of too was "implied contract". I hope you get your answer because this makes me curious.

Divgradcurl was on earlier, I am not sure if he meanders over to this part of the board, but he is good at this sort of thing. (Dcatz and Chaz too) .

Now no flirting with me Bugsy, .

 

[buggywhip maker]

Wouldn't think of it, being the happily married semi-old fart that I am. Besides, I'm still chewing on this dictionary... unabridged one at that.

 

[BelizeBreeze]

the fact is, you have no contract. The fact that a commission was paid does not prove a contract existed between the two of you.

The fact that they are offering a contract now does not mean you have to sign it. Of course, if you do not, they don't have to pay commission or even keep you employed.

And the party proposing that a contract existed must prove that it did to the court.

what proof do you have that a contract existed?

 

[buggywhip maker]

The vote has been tabulated and the no has it--

Thanks again.