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salesincalifornia
03-21-2007, 08:24 AM
I am an outside sales rep that sells software. I was the lead on a very large sale but the company has asked me to split the sale with an another sales rep due to the client being re-assigned to her territory. This re-assignment occured after the first version of the contract was sent to the client and the new rep had 0 contact or involvement in the sale. I led all post-sale implementation and ensured that things were set up correctly, and our commission plan states that commissions are earned 45 days after a client signs the contract.

Is it legal to force me to split the sale with the new rep even though they had 0 involvement in the sale? There is no documentation in the sales commission plan guidelines that detail split commission and my manager has said that it is a discretionary decision at his level.

Will CA Labor code prevail as there is a clause that states that if I am the procuring cause of the sale, I am entitled to the commission? DLSE 34.6

DAW
03-21-2007, 12:13 PM
I do not have a specific answer for you - perhaps someone else on this website will. If not, I know where you should look. The following website will take you to opinion letters issued by CA-DLSE. There is also something called a "DLSE enforcement policies and interpretations manual" which you can download from the same website.

http://www.dir.ca.gov/dlse/OpinionLetters-bySubject.htm

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