Commissioned salesmen and saleswomen can’t be terminated without good cause and notice.
If you’re a salesperson working on commission in Minnesota, you’ve got rights. First, a manufacturer can’t terminate your sales representative agreement unless it has “good cause.” Good cause basically means that the manufacturer has gone bankrupt, you’ve been convicted of a crime relating to the business, or you’ve abandoned your job.
Even if the wholesaler has good cause to terminate your sales agreement, it needs to give you at least 90 days notice – in writing. The employer needs to state in the notice the reason for termination of the Sales Representative Agreement. And the manufacturer, wholesaler, assembler, or importer needs to give you 60 days to correct whatever reason it’s offering as good cause to terminate the agreement. If – and only if – you don’t correct the reason or deficiency within 60 days can the employer terminate the Sales Rep Agreement.
Sales Representative Agreements automatically renew unless Minneapolis employees get written notice of intent not to renew.
Minnesota law also provides that sales rep agreements automatically renew unless the manufacturer provides written notice of intent not to renew at least 90 days before expiration of the contract. And – if the contract doesn’t have a termination date – then the Minnesota employer has to provide at least 180 days notice to cancel.
You have the right to get all commissions that you earned if you’re terminated.
If you made sales as a commissioned salesperson, you get those commissions even if you’re terminated before the goods actually ship. In fact, you get your commissions for all sales made prior to your termination date or the end of the 90 day notification period, whichever is later. In fact, if you’re terminated, make a written demand for all commissions earned. If your employer doesn’t pay you immediately, then the company will owe a penalty on top of your regular commissions. The penalty is – for every day the employer is late – it owes the salesperson an additional 1/15 of the commissions due, up to 15 days (when it would owe the Minneapolis salesperson double commissions).
If you’ve got unpaid commissions, call us today.
Contact Minneapolis commissioned salesperson attorneys today.
If you’re a salesman or saleswoman working on commission and you’ve got a question about your rights, give us a call for a free consultation.
The process for a free consultation with our employment lawyers is pretty simple. First, call our firm. You’ll talk to a clerk for about 5-10 minutes. They’ll get some basic information about you and your case.
About 3 or 4 hours later, you’ll get a call from us. If you’ve got a case that’s a little outside our wheelhouse, then we’ll will call you and give you a referral for an attorney that we think is better suited to handle your case. Our number one goal is to make sure you get the best representation possible for your particular matter – if that’s not us, we’ll tell you immediately and get you to someone else that we trust.
If we think that we can help you, then someone will call you and set an appointment for you to talk to one of our employment lawyers. We’ll call you at time that works for you and discuss your case and give you our honest assessment of its strengths, weaknesses, and value. We’ll then set a time where you can come to our office and meet your employment lawyer personally – at that time, we’ll discuss your case in more detail, sign a contingency fee retainer agreement, and talk about the process of moving forward with your case.
When you come in to meet your employment lawyer, please bring all relevant documents that you want us to look at, including: pay-stubs personnel file (if you have it) employment handbook (if you have it) any letters from your employer, including your termination letter any text messages or emails that you think are important and any other documents that you think might be helpful.