News & Analysis as of

Salespersons Employment Contract

Court Rules Decisively in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law

by CloudNine on

In a lawsuit filed by DTI against LDiscovery and four former sales agents of DTI who were hired by LDiscovery, claiming they misappropriated trade secrets, interfered with client relationships and breached their contracts, an...more

Choice-of-Law and Choice-of-Forum May Depend on the Choice of Where to File and When: Multi-State Employers Continue to Face...

by Fisher Phillips on

Employers who operate in a multi-state environment should take note of a recent case out of the Sixth Circuit (which governs employers that operate in Kentucky, Michigan, Ohio, and Tennessee.) Stone Surgical, LLC v. Stryker...more

Sales Plans Should Contain Specific Treatment of Trailing Commissions

When we review employee sales commission plans or compensation agreements with sales representatives, the plans generally contain detailed language regarding how commissions are calculated and paid. For example, the plans may...more

[Webinar] Minnesota Bolsters Sales Rep Termination Act - Strategies & Guidance for Suppliers and Manufacturers, June 2, 1:00 CDT

by Robins Kaplan LLP on

Any supplier or manufacturer that uses sales reps in Minnesota should understand the Minnesota Termination of Sales Representatives Act (MTSRA) because it could have drastic consequences for their businesses. Contracts...more

Fifth Circuit Hands Down Mixed Ruling on Validity of Later-Added Arbitration Clause

by Hinshaw & Culbertson LLP on

Employers must always be careful when adding an arbitration clause to an existing employment agreement. The amendment process becomes even trickier when the employment relationship is governed by multiple documents.That was...more

Court Grants Summary Judgment For Non-Moving Party In Sales Representative Dispute

by Varnum LLP on

When deciding whether to file a summary judgment motion, attorneys should be careful to consider the possibility that the court may choose to enter summary judgment in favor of the non-moving party. This is what recently...more

Written Commission Contracts Are Now Required For All Commissioned Employees

by Ervin Cohen & Jessup LLP on

Do you have any employees that are paid on a commission basis? If so, do you have a written contract setting forth the terms and conditions by which commissions will be earned and paid? Has the contract been signed by the...more

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