News & Analysis as of

Sales Commissions Employment Contract

Courts Will Not Sever Defective Termination Provisions

by Bennett Jones LLP on

North v Metaswitch Networks Corporation, 2017 ONCA 790 [Metaswitch] is the latest in a series of employee-friendly appellate level decisions where a contractual termination provision is not enforced. The Ontario Court of...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

Appellate Court Notes

by Pullman & Comley, LLC on

- AC34886 - State v. Bush - AC35418 - State v. LaFleur - AC36275 - North Star Contracting Corp. v. Albright This case dealt with who is the proper party to bring a shareholder derivative action. A...more

Fenwick Employment Brief - July 2014

by Fenwick & West LLP on

California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims - Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...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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