QUESTION
Am I able to take my employer to court if he is withholding my commission as a 1099 sales representative
Asked on May 10th, 2021 on Contracts - Wisconsin
More details to this question:
I have a contract which states that I am paid on commissionable sales as a 1099 surgical device sales representative. I closed a large sale in April, and I plan to leave the company in May. The owner of my distributorship has employed me as a 1099 contractor, and in my contract, it states that I am paid commission on the 30th of the month, for the sales during the month prior. My distributor states that since I will not be present for the install, he will not pay me any commission on this large sale. My contract does not state anything about payment for installation or in-service of equipment. Do I have grounds to sue for breach of contract?
1 ANSWER
First, if the 1099 designation is correct, you are an independent contractor, not an employee. Second, yes you can sue the distributorship for breach of contract, and many states also have statures requireing timely payment of compensation, which may include the right to addditional compensation (e.g. double or treble damages) and/or reimbursement of attorneys fees. I don't know if WI has such a statute. There's no guarantee that you'll win, but if you have a written contract which doesn't say anything about needing to be there for the install to earn the commissions, your chances are probably pretty good.
Answered on May 10th, 2021 at 1:36 PM