It is that time of year again in Georgia. New laws are being proposed and some of them are aimed at the legal justice system. Subcommittees in the House and Senate each heard their own respective versions of legislation to implement a statewide business court. The proposed legislation provides that…
When should you hire a Georgia Commission Dispute Lawyer? You are working on commission and you are not being fully paid for the sales you have made. Or, your commission plan (the one that your employer made you sign when you agreed to the job) is not being honored by…
A commission is an amount of money that is paid to an employee upon completion of a task, usually the task of selling a certain amount of goods or services. It can be paid as a percentage of the sale, a flat dollar amount based on sales volume, or based…
Most highly compensated commissioned salespeople work long and hard to obtain results for their company which result in sales and revenue to the company. In turn, the company pays the salesperson a pre-determined amount of the sale in the form of commissions to the salesperson. (Note: I use “salesperson” as a…
INTRODUCTION Many times, disputes over large amounts of money are subject to a contract that is not well written and which is unclear and ambiguous. The question then becomes, how will the Court construe the contract clauses which could decide the lawsuit in favor of the plaintiff or defendant. APPLICABLE…
One of the legal areas in which I most enjoy practicing is commission disputes. Before going to law school, I spent a few years as an account executive with AT&T selling computer equipment and related telecommunications equipment. During that time, more than half of my income was earned through commissions…
The following is a reproduction of an actual pleading filed in a business dispute lawsuit to enjoin the other party from continuing its unlawful acts. IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA Plaintiff Corporation, Inc., ) Plaintiff, v. Defendant COMPLAINT FOR INJUNCTION AND TEMPORARY RESTRAINING ORDER Plaintiff…
Attorney Robert J. Fleming has recently obtained a confidential settlement in a Georgia commissions dispute case. The Firm represented a commissioned salesperson in this dispute which arose when the employee stopped working for the employer. Upon separation, the employer refused to pay full commissions on sales that were made by…
In April 2009, the Georgia Legislature passed a new law that will allow courts to more easily enforce agreements between employers and employees such as non-competition agreements, non-disclosure agreements, and non-solicitation agreements. It is currently very difficult to enforce these types of agreements in Georgia, but the proposed new law…
Non compete clauses or non-solicitation clauses are governed by O.C.G.A. 13-8-50 to 59. Under Georgia law, restrictive covenants in employment agreements are subject to strict scrutiny and will be enforced only if they are reasonable as to the duration, territorial coverage, and scope of activity of the covenant. In H&R…