Don't Get Stiffed On a Spiff Commission

Steps to Protect Yourself

How does a salesperson secure this claim upon termination? The company's best defense for a consequential damage claim for spiffs is that the sales person failed to alert the company of all potential spiff commissions. As such, by the time the sales person retained a lawyer to advise the company of its obligations in this regard, the manufacturer's deadline passed. Therefore, there are several steps that a sales person should immediately take to secure the spiff.

First, be aware of all manufacturer spiff deadlines and the information that is required to obtain the spiffs. Second, notify the employer in a writing that can be proven in litigation, such as email or certified mail as to the salesperson's absolute intentions of claiming the spiff and a detailed list of the information that the company must provide. Third, advise the employer as to the manufacturer's deadlines in applying for the spiff. Fourth, follow up with the employer in a timely manner and respond to any communication by the employer in a timely manner. Finally, if all else fails retain an attorney that concentrates in employment law, particularly unpaid sales commissions issues, to protect you and meet the applicable statute of limitations periods. Doing nothing is the most unhelpful course of action. Employers thrive on inaction from former employees with legal claims.

About the Author

Morris E. Fischer, Esq., is an employment attorney who concentrates his practice in the area of unpaid sales commissions. Mr. Fischer is the C.E.O., of "Contracts & Commissions, LLC," a company dedicated to preserving the legal rights of sales representatives. He is licensed to practice law in the states of Maryland, New York and the District of Columbia and admitted to ten federal courts, including the Supreme Court of the United States. To learn more about the company, go to http://www.contractsandcommissions.com/ or call 800-294-1317.

This article is not meant to provide legal advice for any given situation. Readers must retain qualified attorneys to protect their legal rights after carefully reviewing the facts of specific cases.