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Home / Opinion Digests / Employment Law / Salesperson’s unpaid commission claims reinstated (access required)

Salesperson’s unpaid commission claims reinstated (access required)

Where a salesperson alleged IBM defrauded him by “capping” his sales commissions despite allegedly representing they would not be capped, his claims for fraud, unjust enrichment or quantum meruit were not foreclosed by disclaimer language in which IBM reserved its right to adjust the payment scheme. Background Justin Fessler brings this suit against his former employer, IBM, ...