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Old 12-22-2010, 08:40 PM
 
4 posts, read 14,849 times
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I resides in Arizona, I work for a Texas based company. I am a Area Sales Manager covering five states. I have a base salary, company vehicle and commission of 4% of sales within these states.

My question, if I were to be let go. I have been told that any sales that come in for 6 months behind me leaving the company would owe directly to me. Is this correct? If not how long?

Example, I know right now I have say 15k in commissionable sales coming in between Jan and Feb 2011, but was let go today.

Would those sales be rightfully owed to me from the company? Does it make a difference they are based in Texas and I am based in Arizona only entering Texas for one week a year for training meeting?

Any help on answering these questions would be great, also an attorney in this market for this type of stuff would be fantastic.
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Old 12-22-2010, 08:45 PM
 
Location: Southern Arizona
9,593 posts, read 31,537,902 times
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Interesting question, RoadWarrior . . .

Are you asking LEGALLY or ETHICALLY? Also, are you under a contract?
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Old 12-22-2010, 08:51 PM
 
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Legally, I am under a very basic outlined contract that tells me what I get...
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Old 12-22-2010, 09:37 PM
 
Location: Dallas, Oregon & Sunsites Arizona
8,000 posts, read 17,246,274 times
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Quote:
Originally Posted by roadwarriorsalesman View Post
Legally, I am under a very basic outlined contract that tells me what I get...
I expect you will get what your contract says then. I doubt Arizona has any law dealing with it.
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Old 12-22-2010, 09:49 PM
 
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The contract just states what my salary is, commission percent is, benefits, company vehicle, ect. I am trying to find out if I left for any reason how long they would owe me commission for sales I have been working on.

I have been told there is a law out there somewhere that allows for my territory sales to paid out for all order for 6 months after I leave, any help would be greatly appreciated.
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Old 12-22-2010, 10:22 PM
 
Location: Metro Phoenix, AZ USA
17,914 posts, read 43,180,335 times
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Quote:
Originally Posted by roadwarriorsalesman View Post
The contract just states what my salary is, commission percent is, benefits, company vehicle, ect. I am trying to find out if I left for any reason how long they would owe me commission for sales I have been working on.

I have been told there is a law out there somewhere that allows for my territory sales to paid out for all order for 6 months after I leave, any help would be greatly appreciated.

I am aware of no such law in the Arizona statutes. The definition of "wages" under state law does include commissions, but that's about as far as that goes. You can read the AZ revised statutes beginning at 23-350; you can access those through the Industrial Commission website at www.ica.state.az.us . You could also call the Labor Department at the Industrial Commission, perhaps they could give you more info.
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Old 12-22-2010, 10:53 PM
 
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Thank you observer for your input, it is greatly appreciated.
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Old 12-23-2010, 12:26 PM
 
Location: Gilbert - Val Vista Lakes
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You live in AZ and your company is in TX. Your contract should state which state law applies. If it doesn't, then it's possible that the laws in TX, where the corporation resides, apply.

If the contract does not address your situation, then you will need a contract law attorney in the appropriate state to review the contract and answer your question.

It is definitely a legal question.
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Old 12-23-2010, 01:08 PM
 
Location: Southern Arizona
9,593 posts, read 31,537,902 times
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Quote:
Originally Posted by roadwarriorsalesman View Post
Legally, I am under a very basic outlined contract that tells me what I get...
Without appearing too nosy here, RoadWarrior . . . roughly how much is involved?

The recommendations to contact a lawyer are great, however, lawyers are expensive and rarely donate their time so the cost may be more than the actual commissions.

Possibly calling the Arizona Labor Department may answer your questions without the expense.

Good Luck
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Old 12-23-2010, 02:07 PM
 
Location: Metro Phoenix, AZ USA
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There are laws about paying wages due to a worker promptly after termination happens, but the issue with commissions like these is when they are "due".
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