This commercial law case takes place in Florida and involves an individual who was hired as a business development manager for a major technology corporation. The new hire generated significant new business for the firm by expanding existing product lines into new and untapped markets. In return for her services, she was to be paid a set commission on the total amount of new revenue that her efforts generated for the company. However, before she was paid this commission, the company transferred her to a different division and, shortly thereafter, fired her. She alleges that she is owed a substantial amount of money from her previous employer, and that her position was unfairly and illegally terminated.
Question(s) For Expert Witness
- 1. Please explain why you are qualified to serve as an expert on this engagement.
- 2. Have you ever served as an expert witness on a case involving a dispute arising from commissions / bonus compensation owed to an employee / former employee in a senior sales position?
- 3. Have you ever been sued?
- 4. What is your experience with respect to sales commissions %'s for a senior sales manager who generates $100M+ sales contracts?
Expert Witness Response E-013772
I have served as a sales compensation expert for over 10 years, leading the global program for 4 major organizations that include Motorola, Citrix, Windstream and TransUnion. My specific and applicable skills are in modeling compensation programs, variable compensation design, dispute resolution, and policy documentation. I have been engaged in compensation dispute resolution for approximately 10 years, while operating in my corporate functions, and I have provided context, information, and opinions to our internal and external legal team. I have worked with sales professionals who have had sales targets greater than $100M. At the higher end of the spectrum, I led the sales compensation program at Citrix, which accounted for nearly $3B in combined contract bookings that yielded over $120M in paid commissions.
Expert Witness Response E-013831
I have 15+ years of experience designing and implementing sales incentive plans in both B2B and B2C markets. I am recognized worldwide as a global expert in sales incentive design and all forms of variable reward plans. Specifically relevant to this case, I have designed sales incentive plans for all levels of management, from sales professionals to the head of business lines, responsible for more than $300MM in sales. I was involved in a similar kind of dispute while working at Rich Products, although the case never made it to court as it was settled. I have also served in an expert witness capacity for the New York City Department of Personnel. I would be happy to review this case.