You Met Your Sales Goal But You Still Lost Your Job

When you joined a new software company based in Atlanta, Georgia, you signed a contract that guaranteed you a bonus based on meeting and exceeding your annual sales numbers. As one of the top salespeople in your company, you have a proven track record of success over the last two years. However, the company was recently sold and the new management has brought in their own sales force. They’ve notified you that your services are no longer required. What recourse do you have? Is this wrongful termination?

In Georgia, most employees are considered at will. This means your employer can terminate your employment, either with or without cause. However, if you signed a contract with your employer, you cannot be terminated unless you violated the terms of the employment contract in some way. If you did not break the terms of the contract, you may be entitled to commissions, bonuses, or a severance package.

A breach of contract occurs when one party does not perform as specified in the contract (written, oral or implied) without a valid legal reason. Some examples include:

• Agreeing to work on a project but never showing up to start the job
• Starting work on a project but never finishing it to the customer’s satisfaction
• Substituting high-quality items for use on the project with inferior, sub-standard material
• Failing to make debt payments on time or not making the payments at all
• Changing the price of items as stated in the original contract

If you feel that your employer has wrongfully terminated your contract without cause, you may have a claim. Contact an experienced Georgia labor and employment attorney to discuss your case and to assist you in understanding the complexities of the law.