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G. Steps to Take While Working

Follow these strategies while working to reduce the chances of being exploited:

  • check your commission statements carefully
  • notify the company immediately when you detect errors
  • save all correspondence, records, and documents to confirm all deals and actions
  • review your contract periodically to be sure all parties are complying with its terms
  • document all promises made to you

Proper accounting is vital for any female salesperson who works on a commission basis. Although in most instances companies do give a proper accounting, the author has represented many clients who were cheated out of hundreds of thousands of dollars by dishonest principals who failed to record sales properly or give credit for all shipped orders.

The fact you may get computer-generated commission statements does not mean you are obtaining 100% accurate accounting. Duplicate invoices are sometimes photocopied in error. In addition, some companies give each of their salespeople a different computer number. If these numbers are fed into the computer incorrectly, other salespeople will get credit for your sales.

Save all commission statements, copies of checks, letters, memos, and other documents received from the company while you are working. This information may prove useful to your lawyer later. Most important, if the company decides to reduce suddenly your commission rate or draw, or change your territory, and you have a written contract that specifically forbids it from doing this, send a letter to document your protest. The reason is that if you don't take steps to indicate your dissatisfaction, you may appear to have consented to such changes by conduct. However, since the receipt of such a letter may cause the company to consider firing you, always speak to a knowledgeable employment lawyer before considering taking such action.



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The Working Woman's Legal Survival Guide
Copyright © 1998 by Steven Mitchell Sack


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