[n]owhere in the Agreement does it unambiguously state that the failure to pay an invoice when due (or within 90/120/ days) results in the Account Executives' inability to earn said commission.
Sonoma County, California (PRWEB) August 14, 2014
On August 5, 2014, the Honorable Judge Arthur A. Wick denied Comcast's motion for summary judgment in a class action lawsuit alleging that Comcast failed to pay their Account Executives earned commission wages. See Hurley, et al. v. Comcast of California, et al., currently pending in the Sonoma County Superior Court for the State of California, Case No. SCV-253801.
The San Francisco employment law attorneys at Blumenthal Nordrehaug & Bhowmik originally filed the class action lawsuit in June of 2013 alleging Comcast withheld payments of commission wages to their Account Executives, contrary to the commission agreement these employees signed, when the customer did not pay the invoice within 90 or 120 days. The Complaint alleged that the Account Executives procured the sale for Comcast, Comcast received payment from the customer, but as a result of the 90 or 120 day rule, Comcast allegedly kept the commission wages. To read a copy of the original Complaint click here.
Comcast argued that the "Earned Commission" was only deemed earned and therefore payable for invoices paid by the customer within 90 or 120 days. The Court declined to follow Comcast's reasoning and stated "[n]owhere in the Agreement does it unambiguously state that the failure to pay an invoice when due (or within 90/120/ days) results in the Account Executives' inability to earn said commission." To read a copy of the Judge's decision please click here.
The Account Executive lawsuit has already been certified as a class action and as a result the case will now proceed as a class action in the Sonoma County Superior Court before the Honorable Judge Arthur A. Wick.
Blumenthal, Nordrehaug & Bhowmik is a San Francisco labor law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving overtime pay, unpaid commission wages, missed meal and rest periods, wrongful termination, discrimination and other California labor laws.