NY - Product returned after commissions paid and I left company

[gerard2006]

Jurisdiction

New York

Hey guys, my sales plan doesn't spell this out and simply has language around what occurs in the last day of employment but not after. If a customer returns devices or licenses a few months after I quit, can they usually come after me for the deficit? Thanks.

 

[adjusterjack]

can they usually come after me for the deficit?

ARE they coming after you for the deficit?

 

[zddoodah]

my sales plan doesn't spell this out and simply has language around what occurs in the last day of employment but not after.

Ummm...what?

If a customer returns devices or licenses a few months after I quit, can they usually come after me for the deficit?

A customer of whom? What sorts of devices? What sorts of licenses? What does "come after" mean? What does "deficit" mean? Who are "they"?

You're going to have to be a LOT more coherent if you want some useful responses.

 

[army judge]

 

[gerard2006]

Ummm...what?




A customer of whom? What sorts of devices? What sorts of licenses? What does "come after" mean? What does "deficit" mean? Who are "they"?

You're going to have to be a LOT more coherent if you want some useful responses.

Sorry I meant my ex-employer. These are medical devices & licenses that were sold that they manufacture when I was still working for the company last month. I already got paid commissions on the deal. I heard from another source that the customer decided to return. Question - can my ex-employer claw back my commissions and ask me to return the money? Thank you

 

[adjusterjack]

can my ex-employer claw back my commissions

We obviously have no idea what is in your commission contract..

But if there is no provision for a post-termination chargeback, then he is unlikely to be successful in the attempt.

and ask me to return the money?

Sure, he can "ask."

 

[gerard2006]

We obviously have no idea what is in your commission contract..

But if there is no provision for a post-termination chargeback, then he is unlikely to be successful in the attempt.



Sure, he can "ask."

Unfortunately the sales plan/contract makes no mention what occurs after an employee leaves, only has verbiage about what occurs till the last date of employment

 

[justblue]

Unfortunately the sales plan/contract makes no mention what occurs after an employee leaves, only has verbiage about what occurs till the last date of employment

How much $$ is involved?

 

[zddoodah]

These are medical devices & licenses that were sold that they manufacture when I was still working for the company last month. I already got paid commissions on the deal. I heard from another source that the customer decided to return. Question - can my ex-employer claw back my commissions and ask me to return the money?

the sales plan/contract makes no mention what occurs after an employee leaves, only has verbiage about what occurs till the last date of employment

Here's the thing.

You're asking us to tell you what happens pursuant to a contractual relationship, but we haven't read the contract.

Does the contract say what happens when a customer returns a device for which a current employee has received commission? If so, why don't you think that same thing would apply after the employment relationship has been terminated? Does the contract expressly say something like: "If a customer returns a thingamajig while the employee is still employed by employer, then the commission earned by the employee for that thingamajig will be deducted from the following month's commission payment"? Or does it say the same basic thing but without the bolded words?

The best thing to do would be to quote the actual language (with any names removed or changed, of course).