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Drafting Employment Agreements for Commission-based Employees

Description

Every organization depends on generating sales, often sales made by sales agents. Drafting agreements for sales people is complex and unlike other employment agreements.

The primary task is defining a workable sales commission and incentive structure that is durable while the sales agent works for your client and that limits legal liability and practical damage after the sales agent separates from employment. There are also complex issues of post-employment payments, internal reporting and support, and preserving the confidentiality of proprietary employer information such as client/customer lists, pricing schedules, vendor information and more after the sales agent has departed – perhaps to a competitor.

This program provides a practical guide to drafting sales agents' agreements for business clients.

  • Commission and incentive structures – and common traps after an agent departs
  • Differences between employee v. independent contractor sales staff
  • Common traps employers make in including unlawful terms
  • Wage and hour issues in commission and incentive compensation agreements
  • Protecting client and price lists, vendor information & other sensitive information when a sales agent leaves
  • Scope of protectable interests and practical steps required to enforce confidentiality

Contributors

  • Jennifer S. Baldocchi

    Jennifer S. Baldocchi is a partner in Los Angeles office of Paul Hastings, LLP, where she co-chairs the office's employment law department. Her practice focuses on employee mobility and intellectual property, including trade secrets, covenants not to compete, unfair competition, and fiduciary duties. In her transactional practice, she prepares employee and executive contracts, focusing on the protection of trade secrets and the prevention of improper customer and employee solicitations. She is recognized by Legal 500 US for trade secrets litigation and non-contentious matters.

    Ms. Baldocchi earned her B.A. from the University of California, Berkeley, and her J.D. from Loyola Law School, Los Angeles.

    Click here for more information about Jennifer.

February 17, 2021
Wed 1:00 PM EST

Duration 1H 0M

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