- Jurisdiction
- New York
Hello.
I am a commissioned salesperson that remained after an ownership change almost 3 years ago. I do not have any written commission agreement. Here is the setup: A sale of a product is agreed upon and a deposit is provided by the customer. Before the product can be installed, NY licensing laws have changed and the company can no longer install the product. This will render the deal dead and the customer will be refunded their deposit. Here is the question: Is the employer still obligated to pay my commission? The failure of the deal was not the fault of the salesperson. In fact, it could be said that the fault is on the employer - who was aware of the pending licensing changes yet did not act appropriately. Any legal insight would be appreciated.
I am a commissioned salesperson that remained after an ownership change almost 3 years ago. I do not have any written commission agreement. Here is the setup: A sale of a product is agreed upon and a deposit is provided by the customer. Before the product can be installed, NY licensing laws have changed and the company can no longer install the product. This will render the deal dead and the customer will be refunded their deposit. Here is the question: Is the employer still obligated to pay my commission? The failure of the deal was not the fault of the salesperson. In fact, it could be said that the fault is on the employer - who was aware of the pending licensing changes yet did not act appropriately. Any legal insight would be appreciated.