QUESTION

Is it illegal for an independent contractor sales rep to modify a contract by changing the amount collected from the customer? Can I hold his pay?

Asked on Jul 21st, 2012 on Business Law - Tennessee
More details to this question:
I am the owner of a security alarm company. One of my independent contractor sales reps has been charging customers one price for the equipment and turning in a different copy to me of that part of the 4 page contract which shows the amount collected. He pays me for the cost of equipment by deducting it from his pay requests, but keeps 100% of the profit, instead of the 50% of the profit we had previously agreed to. After I discovered this I terminated our agreement and have not paid him for his last 5 sales. Can I keep his pay? Exp: Salesman(SM) charges customer $100 for a smoke detector and leaves customer a copy of showing he collected the $100. Then SM turns in a different copy of the page showing the charges for equipment and lists the smoke detector as 0 (zero). The SM then keeps the $100, deducts $25 for the cost of equipment from pay request. Normally if he charged the customer $100 he would only be entitled to 50% of the profit, $37.50. ($100 collected -$25 cost = $75 x 50% = $37
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The duplicate of this question was responded to yesterday. With regard to the issue of whether you may withhold payments due to this disloyal servant, the answer is probably "yes," although you will wish to consult with your own attorney regarding whether doing so will needlessly muddy the waters in connection with a possible civil action against the rep.
Answered on Jul 21st, 2012 at 11:21 AM

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