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    grmn7318's Avatar
    grmn7318 Posts: 13, Reputation: 2
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    #1

    Aug 4, 2009, 05:05 PM
    Regarding Commission To An Independent Contractor
    If there are no written agreement between both parties, the independent contractor and the employer, what obligation does the employer have to pay commission to a independent contractor on a sale that the transition closes after the independent contractor left the company?

    Gail
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 5, 2009, 01:07 AM
    Quote Originally Posted by grmn7318 View Post
    If there are no written agreement between both parties, the independent contractor and the employer, what obligation does the employer have to pay commission to a independent contractor on a sale that the transition closes after the independent contractor left the company?
    You are mixing terms. I take it that "employer" means the "company" which in effect employed a so-called "independent contractor" as a sales person and who has now terminated his/her relationship with the company.

    If there is an "independent contractor", there is a contract. If this contract is unwritten, one has to establish the terms of the unwritten contract. This person was paid a commission on each sale? If this person was involved with obtaining the customer, I expect he or she is entilted to a commission.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Aug 5, 2009, 08:05 AM

    Hello g:

    If the salesman brought you the customer, you need to pay the commission. Unless you have a contract with the contractor saying otherwise.

    I wonder about your business skills, though. Whenever I had somebody bring me new business, I was THRILLED, and was HAPPY to pay the commission... WHY?? Because I knew that I'd make MORE than I paid out...

    You need to pay people what you owe them and not look for excuses to avoid it.

    excon
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    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Aug 5, 2009, 02:30 PM
    grmn7318, are you the employer or the employee (a/k/a "independent contractor)?

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