McKissick v. ROTH COMMUNICATIONS OF SAVANNAH, INC.

Beasley, Judge,

concurring in part and dissenting in part.

I concur in Division 2 and in that part of Division 1 which affirms the trial court. I respectfully dissent in that part which reverses the trial court, for I agree with it that defendant employer is entitled to summary judgment also on those sales orders which were billable but not collected before plaintiff employee’s voluntary termination.

It is undisputed that collection of payment on the sales engendered is part of the duties of a salesperson in defendant’s employ. His or her commissions are directly related to the fulfillment of that final duty in the string from calling on someone for a sale to entitlement to commission. According to the affidavit of the business manager, when a salesperson leaves defendant’s employ, his or her accounts are transferred to other employees. It then becomes that person’s responsibility to supervise and monitor collections, a duty left unfulfilled by the terminating salesperson.

Decided March 17, 1992 Reconsideration denied April 3, 1992 Duffy & Feemster, Dwight T. Feemster, Ronald K. Thompson, for appellant. Karsman, Brooks & Callaway, Stanley E. Harris, Jr., for appellee.

It is clear from the controlling provision in the contract that the salesperson does not earn a commission until and unless he or she completes the job by assuring timely payment from the customer to the employer. Plaintiff left without collecting on all his sales. Under the agreement, he was not entitled to a commission on those.

I am authorized to state that Judge Andrews joins in this opinion.