2 employees are offered the SAME contracts as sales reps for $30k/yr with 35% commission.
Employee A accepts. Employee B rejects.
Employee B counters asking for $50k/yr and a bunch of other benefits. Company Accepts but with only 15% commission. Both Employee B and Company AGREE to the compromise.
A year goes by:
Employee A doesn’t do that great and only has $100k in sales so they get $65k (35% commission x $100k sales + their $30k salary).
Employee B has a great year and has $400k in sales so they get $110k (15% commission x $400k sales + their $50k salary).
Employee B sues company for ‘discrimination’ because if they had Employee As contract (the one they rejected) they would have made $170k (35% commission x $400k sales + $30k salary)
(This also ignores that the company offered both employees the same contract even though Employee A is selling items with higher profit margins)
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