Court Upholds Employer in Breach of Contract, Improper Commission Claim

Employment Law

The employee claimed he was owed commissions for software sales at the maximum level under his contract and that he was owed the commission on his last day of employment rather than upon payment by the customer. Employer asserted that the employee was owed commissions at a lower level and that employee had been paid the appropriate amount as soon as the customer paid, which was permitted under the contract. The arbitrator found that the employer paid the proper commission. The employer counterclaimed for breach of contract because the employee kept confidential documents when he left the company to prove his commission claim. The arbitrator ordered the employee to return or destroy the documents.