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  1. #1
    Join Date
    Jul 2006
    Posts
    2

    Default Sales Territory Cut, Then Terminated

    I accepted an employment offer last December that outlined my territory and referred to my compensation plan in the offer. The offer state that my sales territory would be New Orleans/Biloxi and is signed by HR.

    A week later when I went to the Company's HQ for training they gave me a launch kit with my selling territory info which showed these parishes to sell into:
    (These areas are exclusive for a sales person to sell into.)

    They stated in the document they gave me that below was the NEW ORLEANS selling territory

    Ascension
    Assumption
    East Baton Rouge
    Jefferson
    Lafourche
    Livingston
    Orleans
    Pearl River
    St. Charles
    St. James
    St. John The Baptist
    St. Mary
    St. Tammany
    Tangipahoa
    Terrebonne
    Washington
    West Baton Rouge


    Biloxi was not in there and I inquired about it to my boss and to Human resources They said that would not be available for me to sell into. There was no negotiation in this matter whatsoever. This was even before I had a chance to get in the field and they were already changing terms!

    6 months into this job and they are now taking over 50% of the above territory and giving it to a new hire in Baton Rouge. All of the above was included in the New Orleans territory, This leaves me with only with New Orleans as a territory and it would not sustain me enough to meet my goals. They have established a pattern of reducing my territory since before I stepped foot in the field. I have been screaming bloody murder to my boss and of course now she has been on a course to fire me for being outspoken about it. I have tried to follow complaint procedures as in the company handbook and have been ignored. I have even called the president of the company and not gotten a return call.

    Now my boss has created a case and written warning saying I have not met my quota which is not true. I have always been at 117% to 129% of my goal the entire time and have documentation. I am in the top 10% of my company in sales. This is in accordance with my SIGNED compensation plan. She is trying to make a case that I am not making my MONTHLY goal, but my comp plan only states that I have to reach cumulative revenue goals. There is nothing in there about monthly goals. My boss jointly with HR tried to make me sign a performance review to this effect and I repeatedly refused. Even after this warning I moved up to be the number 6 salesperson for the month of June in the company. Funny it is the same 2 people who promised me the Biloxi market in my employment offer that I never got. They have persisted for 2 weeks for me to sign this document and finally I sent an email saying that I have repeatedly asked for a formal complaint procedure as stated in the handbook and no on has helped me with it and that I was feeling harassed and discriminated against and being treated differently. I said that I would have to go discuss this with a lawyer and to the Department of Labor and EEOC. I was fired the VERY next morning after sending that email to HR. I sold 3 contracts the day before they fired me and was number one in revenue at that point for July.

    I am feeling harassed and discriminated against since this is a dot.com and have very young employees. ( I am over 40) The new hire is younger than me. Of course they gave me no reason for termination.

    Does it sound like I have a case? If so, for breach of contract, wrongful termination, discrimination, retaliation?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sales Territory Cut, Then Terminated

    It sounds like you got a raw deal, but may not have any legal remedy. Unless you had a contract guaranteeing you the territory over a fixed time, the employer can change your territory.

  3. #3
    Join Date
    Jul 2006
    Posts
    2

    Default Re: Sales Territory Cut, Then Terminated

    I was ****NEVER**** allowed to sell in almost 1/3 of the territory that was promised in my employment agreement. In fact, I found out that the Biloxi market was already owned and STILL owned by an affilaiate and they have all rights to sell exclusively there. They offered me a territory that I could never have and I based a large part of my decision to work there regarding territory.

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