What are my rights as an employee regarding the re-assignment of my accounts?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights as an employee regarding the re-assignment of my accounts?
I have worked in sales for a family business for 14 years. I have increased my clientele greatly over the years. Over the past few years management has re-assigned my accounts with little to no notice to family or favorites. Each time this affects my income greatly. When I question their reasoning I am told they can take whatever they want, whenever they want. Every year the reps are given sales goals. My goals are significantly higher than the other reps. The daily sales report details me only at 87%. They do not factor out what they have re-assigned. Is this a form of harassment?
Asked on October 3, 2011 under Employment Labor Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Employers do not need to be reasonable or fair. If you have an employment contract or representation agreement which defines your accounts or territory, that agreement is enforceable; therefore, if there is an agreement protecting your accounts, they can't be taken away except as the agreement allows. But if you don't have some agreement or contract, the employer may re-assign your accounts at will, and is free to do so to family or favorites. (You should nolt be surprised; family businesses *will* put the family first.) Similarly, an employer does not need to be fair in setting sales or other performanace goals, and may set yours higher or even impossibly high.
If you believe that the above conduct is motivated by discrimination against a race, religion, age over 40, disability, or sex, you *may* have an employment discrimination case and should discuss the matter with an employment attorney. Otherwise, though, it is very likely the employer can do this.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.