While sales rep protection statutes vary state to state, most contain a provision invalidating any contract term that would negate or limit the rights provided or would make the contract subject to the laws of a different state.
Staff ace Aaron Nola was headed to salary arbitration weeks ago until he reached a four-year, $45 million deal with the Philadelphia Phillies. “I don’t play specifically for the money,” he actually said after signing his contract, “I play for the love of the game. I play for my teammates.”
After finishing various levels of schooling, training and employment, and upon reaching a certain age, encountering a heretofore unknown activity provokes surprising interest. When that activity is designated with an equally novel term, the curiosity only heightens.
For reasons I don’t understand, this year’s holiday party has been entrusted to me.
Wait, on second thought, I do understand. I’m in charge of the holiday party by default. No one else wanted to do it. And the party’s decision-making has been rife with conflict.
Frustrations abound in life and law.
The train is either agonizingly delayed, at the expense of my monthly meeting — obsessively gaveled to order on time — or leaves with infuriating promptness when I am held up, forcing me to acknowledge I can no longer cover the five-minute dash to the station in less than seven minutes.
Legal gambling on pro and college sports outside Nevada hit the jackpot on May 14 when the U.S. Supreme Court struck down the Professional and Amateur Sports Protection Act passed by Congress in 1992.
Airplane travel is nature’s way of making you look like your passport photo. — Al Gore
Like rain on a day off or coffee spilling on your shirt on the way into a client meeting, air travel delays seem inevitable.
With surprising regularity, principals are taking legally flawed positions when reps must resort to legal action to collect commissions due, particularly following a termination.
The past four spring training columns have each covered the progress of a class-action lawsuit in which minor league players sought to obtain what Major League Baseball, supreme ruler of the minor leagues, was unwilling to provide: a living wage. Many minor leaguers earn less than $7,500 a year, some less than $3,000, but barring action by the Supreme Court, their suit appears concluded.
Tipping after a meal is a highly individual preference. Some food lovers will leave huge tips even if the soup arrives cold and the beer warm with the waitstaff nowhere to be found, while other customers tip frugally after receiving five-star service at a busy restaurant.
Sales rep lawsuits commonly seek to recover unpaid commissions following the termination of a rep contract.
Unscrupulous principals might originally plan to pay the agreed-upon commissions to their reps, and will perhaps honor the contract terms for a while, or at least until the orders start coming in reliably.
So in our pride we ordered for breakfast an omelet, toast and coffee and what has just arrived is a tomato salad with onions, a dish of pickles, a big slice of watermelon and two bottles of cream soda. —John Steinbeck
When John Steinbeck penned, in his 1952 novel “East of Eden,” that “I believe there are monsters born in the world to human parents,” few readers could have envisioned that he might someday become one of those parents.
“Hey, Adam,” begins many an incoming office call, “the principal who owes me back commissions didn’t remember that our contract says Tennessee law (or Utah, Colorado, New Jersey, Georgia, etc.) applies. I can get triple commissions, right?”
“Well,” begins the formal, technical response to many such calls, while stalling for time. Then, the very first legal phrase taught in law school is invoked: “That depends.”
Many independent reps are familiar with sales rep protection statutes. These state laws are generally intended to help level the playing field with their principals when a commission dispute arises.
The University of Mississippi football team will not appear in a bowl game during the upcoming 2017 season.
This punishment, which includes forfeiting millions in Southeastern Conference post-season revenue, was self-imposed in response to a hard-driving and expansive NCAA investigation of the Rebels program.
Schemes involving lawyers improperly compensating non-lawyer referral sources are all too common and are frequently brought to light in the form of professional disciplinary actions. Far less common are reports of illegal referrals involving physicians and hospitals.
Most reps hunt for some valuable takeaways when a relationship with a principal ends badly. No hard searching was necessary after a recently completed rep-principal trial in Chicago, where the final count of useful "lessons learned" proved nearly as abundant as the sales rep's recovery.
In certain industries, sales reps are accustomed to fighting tooth and nail to recover commissions from manufacturers, both during and after their representation. And in situations where the rep procured sales before termination that do not close until after — when a new rep is in place — the hunt for commission dollars can grow fierce, even cutthroat.
Bride-to-be Jennifer Corona contracted with The Architects Golf Club in May 2012 to host her wedding reception. The terms were simple enough.
The club agreed to make available its catering hall in Lopatcong, New Jersey, and to provide the food and beverages. Corona agreed to pay a pre-set amount, and made three deposit payments pursuant to the contract.
The wedding was originally to take place in July 2013. Alas, and perhaps with the heavenly thoughts of Dirty Harry’s alter ego on her mind, Corona postponed it by one year. The club accommodated the change.
Philadelphia Phillies prospect Dylan Cozens belted 40 home runs in 2016 to lead all minor leaguers. At season’s end, Cozens accepted Minor League Baseball’s Joe Bauman Home Run Award, and the $8,000 check that came with it ($200 for each round-tripper) by half-joking that the prize was more than he had earned all season with the AA League’s Reading Fightin Phils.