If I am a 1099 independent contractor for an insurance company and am terminated, can they make me pay back all previously earned commissions?
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If I am a 1099 independent contractor for an insurance company and am terminated, can they make me pay back all previously earned commissions?
Asked on August 20, 2012 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
They can only make you do this if the agreement between you pursuant to which you earned the commission specifically stated that in the event of termination (under these circumstances), you would have to repay the commissions. The relationship between an independent contractor and the company employing him or her is governed by contract or agreement; if you had agreed prior to earning these commissions that you'd have to repay them under like circumstances, then that agreement would be enforceable.
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