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erdinek556 · Sep 14, 2008, 09:45 AM

Can a company who contracted me to sell and install software take my commission away after I have completed my work and have all the paper work signed? They were sued for false advertising and had to give back the money collected on the sale. The customer was happy with my work and I have documentation showing the they signed off .

JudyKayTee · Sep 14, 2008, 02:02 PM

Originally Posted by erdinek556

Can a company who contracted me to sell and install software take my commission away after I have completed my work and have all the paper work signed? They were sued for false advertising and had to give back the money collected on the sale. The customer was happy with my work and I have documentation showing the they signed off .

My feeling is that they made no money on the sale and they aren't going to give you anything, right or wrong, until and unless you sue them.

Do I think you have a case? Sure.

Do I think they have a defense? Yes, I do.

But I think you have the better argument.

Fr_Chuck · Sep 14, 2008, 02:07 PM

This is a real issue, and if in the US, may very well differ by case law from state to state. With some states being more pro company and other more pro employee.

The issue as stated, you are to receive a commission from the money collected, and/or the profit of the sale. There in fact was no sale if they had to refund the money.

Just as in insurance, if the person cancells the policy the agent has to return the money they were paid as commission, this is done everywhere that I know of. With many of them owing money if they have too many cancells.

So you can 1. refuse to return the money but if you are still working there expect to be fired. 2. ask to pay it back over time from checks you make on new sales. 3. pay it back and be sure that all promises that are made are fulfilled. As the person installing it, were you not aware of issues of false advertising then ?

JudyKayTee · Sep 14, 2008, 02:29 PM

Originally Posted by Fr_Chuck

This is a real issue, and if in the US, may very well differ by case law from state to state. With some states being more pro company and other more pro employee.

The issue as stated, you are to recieve a commission from the money collected, and/or the profit of the sale. There in fact was no sale if they had to refund the money.

Just as in insurance, if the person cancells the policy the agent has to return the money they were paid as commission, this is done everywhere that I know of. With many of them owing money if they have too many cancells.

So you can 1. refuse to return the money but if you are still working there expect to be fired. 2. ask to pay it back over time from checks you make on new sales. 3. pay it back and be sure that all promises that are made are fulfilled. As the person installing it, were you not aware of issues of false advertising then ?

You are absolutely right and I am absolutely wrong - OP is on commission.