We are experienced in representing clients in the prosecution and defense of civil commercial cases in the state and federal courts. Our attorneys serve as trial counsel in commercial disputes involving contracts, employment law matters, insurance claims, intellectual property, business torts including non-competition, real estate, construction, defamation actions, anti-trust issues and bad debt collection. We are frequently requested by our clients to assist them in either initiating or defending collection actions in these fields.
Sales Representative Claims
It’s a big problem. You’ve done the job, earned the commissions and now your ex-employer (or the company you’ve represented) refuses to pay you the sales representative commissions you are owed. In Michigan, the Sales Representative Act, MCL 600.2961, provides a great remedy. Under the law, your employer must pay the commissions due within 45 days after termination. If they refuse, you can sue and collect the commissions, plus 2 times that amount (up to $100,000) and attorney fees.
Whether you are entitled to the commissions depends, in part, on the agreement you’ve entered, but you should not take the word of the person refusing to pay you if they contend you are not entitled to payment. There have been many cases interpreting the statute – and in most circumstances, they favor the employee.
We handle these cases for employees on a no-fee-unless you win basis. Because we also defend employers on these types of cases – we know all the angles from both sides. Critical is presenting the case properly and that starts immediately after your employment has terminated (and sometimes before). There’s more to it than demanding payment. When framed properly, you can argue that your commissions are to continue for the “life of the part” which means as long as the manufacturer keeps selling the product, you’re entitled to be paid