Sale representatives

Empowered sales rep protects his contract rights; delivers strong jolt to breaching principal

William Valle’s commission lawsuit against Powertech Industrial Co. Ltd. offers a little bit of everything.

Two versions of a contract, changing commission rates, enforceability questions, and the duty of good faith and fair dealing are all raised in this dispute. (So too is the perennial employee v. independent contractor battle, but that part of their contest will be saved for another day.)

Good facts and good judge support rep’s claim for breach of the duty of good faith and fair dealing

… When a principal terminates a contract not for any legitimate or neutral reason, but to shed the rep before a sale closes and commissions become due, raising a bad faith claim, which may make additional damages available, should at least be explored.