Case details
Former employer failed to pay commissions owed: plaintiff
SUMMARY
$43229.52
Amount
Decision-Mixed
Result type
Not present
Ruling
KEYWORDS
FACTS
In 2011, plaintiff Mark Philpott, an estimator for Midwest Roofing and Solar Corp., voluntarily left the company. Philpott had been compensated via a commission-based contract, but he claimed he was not paid commissions owed to him for 15 jobs. He claimed that as a result, he was also owed a waiting time penalty. Philpott sued Midwest Roofing and Solar Corp.; Midwest Roofing Co. Inc.; and Darren Tangen, the companies’ president and Chief Executive Officer. Philpott alleged the defendants owed him for unpaid wages. The matter was scheduled for a bench trial, but three months before trial, the defendants unilaterally paid Philpott $3,875, which was the full amount of commissions demanded on 11 of the 15 jobs alleged. Thus, the matter continued to trial on the issues of the amount of commission owed, if any, for the four remaining jobs and the amount, if any, of a waiting time penalty pursuant to Labor Code § 203. At the commencement of trial, the defendants conceded that a 30-day waiting time penalty was owed, and stipulated that the amount of the penalty was $13,380. Defense counsel then argued that Philpott was not owed any alleged unpaid commissions on the remaining four jobs in question. Counsel contended that the commission contract had a forfeiture clause that allowed the defendants to withhold all commissions if a job was not paid in full or did not make a 30 percent profit., Philpott sought recovery of $50,282 in total unpaid commissions for the four remaining jobs in dispute. He also sought recovery of an additional $13,380 in waiting time penalties against the two corporate defendants. Defense counsel conceded that Philpott was entitled to a waiting time penalty in the amount of $13,380, but argued that Philpott was owed no further commissions on the four remaining jobs in dispute.
COURT
Superior Court of Los Angeles County, Torrance, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury