• Lack of Employment Contract Dooms Commission Claim and Requires Return of Commission Overpayments: Clifford v Remco Maintenance, LLC et al
  • February 8, 2011 | Author: Aaron E. Zerykier
  • Law Firm: Farrell Fritz, P.C. - Uniondale Office
  • In a December 1, 2010 decision by Justice Kitzes, the Court, on summary judgment, dismissed all of plaintiff’s claims and granted defendant summary judgment on its claim against the plaintiff for overpayment of commissions.

    Plaintiff brought his claims for allegedly unpaid commissions. Plaintiff, however, did not have a written employment agreement with his employer. Nor did he have an oral agreement. The Court found that, instead, plaintiff was an employee at will. The Court further found that plaintiff was negotiating an employment arrangement with his employer during time in question, but that the employer had only agreed to pay a 3% sales commission during that time period.

    Based on those conclusions, the Court dismissed plaintiff’s claims for breach of contract claim predicated on his being fire. The Court also dismissed plaintiff’s claims for failure to pay commissions above the 3% agreed upon rate. The Court further found that the defendant had overpaid commissions during the relevant time period and granted it summary judgment on its claim seeking the return of those monies.