Good evening esteemed Nairalanders, please I am in a very dicey situation at my workplace and I need advice from legal gurus in the house or anyone with similar experience.
I work for a Chinese company that manufactures trailers here in Nigeria as one of their sales representatives and my job is to identify potential customers and get them to buy from us and then get commission as well as monthly salary.
I have been with them up to 18 months. The job isn't quite easy since it's very capital intensive and given the state of Nigeria's economy. Despite this constraints I was able to get a company to buy 30 units and going by the agreed commission I am supposed to get at least 1 million naira from the deal.
Problem is that before the deal was signed I got mobilized for NYSC and I informed the company about it and wanted to resign but the sales manager told me that there wasn't any need for resignation that I could still keep in touch with my customers and make sure they buy from us even while serving, but I won't be paid monthly salaries but would still get my commission.
We agreed and continued working on this principle until finally around March this year, one of my customer bought 30 units. I resumed work in the month of April and demanded for my commission. lo and behold I was told by the same Sales Manager that I can't get commission since I wasn't with the company when the deal came ( the customer is mine, I was part and parcel of every negotiation, I did not officially resign neither was I sacked, when I returned I did not reapply I just started work without any new documentation) and as such I won't be getting any commission.
Please my people what do you advise me to do in this case.
Can I take legal action? Will my case have any merit? I have evidence of all the transactions which I had with the company, I was copied on all the correspondences between the two companies.Or should I just move on and leave it to God.


Mods please help my ministry by taking it to the appropriate quarters.

Please any interested lawyer in the house can pm me privately so I can give you more detailed account of my transactions with them. I am in PortHarcourt.

Lesson 1 ::::Always put everything in black and white, never trust oral judgement

EzeUmuokorobiaa:
Please any interested lawyer in the house can pm me privately so I can give you more detailed account of my transactions with them. I am in PortHarcourt.

Since you never resigned officially, of course you can sue. Just make sure the client is on your side. I'm pretty sure that the company would shift grounds once they see a letter from your lawyer. Get someone to write them a letter first...

Talk to a good lawyer around where you live. Getting a lawyer's letter won't cost u much, especially if the lawyer is personally interested in the case.

Written and signed contracts are always the best.... Meanwhile, get hold of a good lawyer and take it from there.

I assume you have a letter of employment among other documents.

Did you facilitate any other similar purchases (from another buyer) during your absence from the office?
Did you receive commission on them?
If Yes to above, you may have a cause for action.
Records of the above mentioned similar transactions should be acceptable as a precedent.
Of course, other documents and records will bolster your arguments if you decide to file a claim.

You will need to consult a lawyer to evaluate the merits of your matter.
Best scenario is when they (Chinese Co.) negotiate a settlement with your lawyer.
Worst case, you go to court.

Litigation is not cheap and no matter the volume of your evidence, there is no guarantee that you will prevail. Avoid litigation by all means.

In conclusion, ask around for a lawyer that is experienced in similar matters and let him/her give you an opinion on the merits of your case and advice you on the various options open to you.

Good luck.

Perhaps you resumed because the deal came through?

germanized:


Since you never resigned officially, of course you can sue. Just make sure the client is on your side. I'm pretty sure that the company would shift grounds once they see a letter from your lawyer. Get someone to write them a letter first...

Talk to a good lawyer around where you live. Getting a lawyer's letter won't cost u much, especially if the lawyer is personally interested in the case.

Thanks for your advice. God bless you

murphyrichy:
Perhaps you resumed because the deal came through?

not at all bro. Even while I was away I was still giving reports of my transactions with customers on their behalf.