The law also considers that the “reintroduction of the commercial agent agreement” could remedy this situation. See Minn. Stat. 5 (b) (2). It appears, however, that no court has ever ordered the reinstatement of a representative. This can be explained by the fact that representatives rarely come back to life, choose financial damage and a clean break, instead of working a few more months in an unhappy environment. MTSRA is limited in its geographical scope, but again, its applicability depends on the commercial and not the client. The law applies when the residence or main business of the commercial is in Minnesota or when the Minnesota representative`s distribution area is included. Mr.
Minn. Stat. 6 bis) The location of the client has nothing to do with the applicability of the law. The representation contract you have signed is a legal contract that binds the two parties. A well-written contract should define the rights of both parties to the termination of the contract. It should provide detailed information about the circumstances in which the relationship may be broken and the amount of notification you need to give before doing so. Often, you must notify in writing that you are dissatisfied, and give the representative enough time, z.B. 30 days, to resolve the problem before the contract can be terminated. In order to properly terminate an agent, a client must terminate 90 days in advance and the contract notice must indicate the reasons for termination. Mr. Minn. Stat.
2 (a). If the agent does not correct the reasons for termination within 60 days of receiving the notification, the report may be terminated on the date indicated in the notice. Id. There are six reasons that deserve immediate dismissal without the 90-day waiting period: (1) bankruptcy or commercial bankruptcy; (2) the sharing of commercial income between creditors (or similar asset disposals); 3) the voluntary mission of the salesperson, determined by a set of circumstances; (4) the conviction of the salesperson (or the guilty plea or no challenge) for violating laws relating to his activities; (5) any action by the salesperson significantly affecting the will of business related to the brand, the trade name or a similar commercial symbol of the client and (6) the non-transmission of payments from customers to the client. Mr. Minn. Stat. 1 (b). In these cases, the termination will take effect as soon as a notice of dismissal of the agent, which sets out the reasons for the dismissal. Mr. Minn. Stat.
2 (b). Pay all the amounts to be paid to the representative. Some contracts specify when sales commissions must be paid after the termination of the contract. A general rule is to make payments within 30 days of the end of the contract. They may also include a non-competition clause that prevents the employee from working for a competitor until a reasonable period of time expires. This will prevent the representative from sharing confidential information with your competitors. Whether the MTSRA application is a question that focuses on the location and activity of the salesperson seeking protection. The law defines a “sales representative” as “a person who contracts with a contractor to order wholesale contracts and is compensated in whole or in part by commissions.” Mr. Minn. Stat. 1 (d). There are four excerpts from this general definition: (1) the client`s staff; (2) anyone who places resale orders on their own account; (3) someone who holds the goods of the principal obliged to ship; and (4) anyone who sells, sells or otherwise offers goods to the end consumer, not to resell them.