So our team just recieved news that our numbers are very low and corporate is saying that we have to fire part of our team for lack of growth/loss of business my question is... "if I am expected to go out & sale a product/products, and when that said product is needed Corporate will not/can not provide for what ever reason, whom is at fault? should anyone of our sales team loose their job because corporate is not doing its job?" can we as a 1099 independent contractors sue corporate ZBH in civil court for loss of income & release from noncompete for not meeting their requirments for us to properly perform our duties in the field? if anyone knows a GREAT Lawyer that would be interested in having this discussion pls link info!!! THANKS
good luck with that. If you have 5 years and 6 figures stashed away to fight the big blue Z, I think you could win. But, what would you expect to get? 10 years of possible income lost? You would also have to prove that you lost customers or potential customers because of corporate. That most likely means some docs would have to testify for you against Z. I'm not a lawyer, but anytime you try to fight a huge company and its paid attorneys, you aren't going to feel like a winner, even if you technically win the case.
-if mutual assent was not acheived, contract is voidable! example#1..... if you tried to attach ammendments to the contract and was told NO if you do not sign you do not have a job, mutual accent was not acheived even if a verbal agreement or contract was signed example #2...if only one party has the ability to enforce or not enforce per their discression a angreement with no input from contracted party -if coercion was used to get you to sign the contract, it is voidable! example... we are with holding money you earned through commision until you sign contract all examples are contract entered in duress would advise if you sign, to sign contract in/under duress!!!
Im in the process of writing about the evolution of the medical device industry, in particular the relationships between reps, the hospitals, manufacturers and surgeons. I am going to start each chapter with an anecdotal story as a diversion prior to delving into more serious subject matters. Do you have funny, serious, unbelievable or crazy stories to offer? Names, places, specifics can be altered for identity protection purposes. This could get interesting -
Wait so you tell your 9 year old nephew homo erotic stories about you getting lubed by the male RN in the OR.....
If you are a 1099 rep from a distributor there is a good chance on your contract it has a line that says that you cannot Work or Get Paid by any other company. In most states this is completely illegal. It is called worker misclassification. This is a way for the distributor to avoid paying benefits. Contact a lawyer if this line is in your contract and the distributor will be forced to BACK PAY ALL your reasonable benefits that you were entitled to but did not receive. This applies to current and past 1099 that have a line similar to not being able to work for anyone else. For most this will be well over $10K per year of Service! You can also, reasonably, get out of your contract especially if signed during the merger if your distributorship changed by using the Gun to Head defense as you already had a contract and were working for the company but they would only retain you if you signed the new contract. AKA- sign or we part ways.
Fact check: part regarding worker misclassification is true in most states. Got this verified by my attorney in my state and Monday papers will be filed. What a crappy scheister thing to do to your employees you greedy cheapskates!
New laws in our state enact at beginning of new year that will be advantageous to file then. Check your state, you might be able to get treble damages! (That’s triple for the not so bright) Slam dunk case