 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Magee v. Dansources Technical Services3/28/2001
nd took matters into his own hands. She testified that she believed that the incident was an "independent cause" for the termination. Although we cannot tell from the record before us when this incident occurred, we think Magee sufficiently alleged evidence from which a fact finder could conclude that the incident contributed to Fahey's decision to fire her. Because Magee can predicate her abusive discharge claim on the last of the three alternative grounds she advanced, we shall reverse summary judgment in favor of DTSI on count four of the complaint.
IV. Count Five: Wage Payment And Collection Violations
Magee argues that the trial court erred by granting summary judgment on her claim against DTSI under Maryland's Wage Payment and Collection Law (the "Act"), codified at Md. Code (1991, 1999 Repl. Vol.), §§ 3-501 - 3-509 of the Labor and Employment Article ("LE"), because there was sufficient evidence to raise a dispute regarding whether DTSI paid her all the salary, commissions, and vacation pay that she claims DTSI owed her. We agree, for the following reasons.
ù Salary. Magee's pay stub shows that DTSI paid her only through September 27, even though she was not terminated until October 9th. Whether DTSI was entitled to "dock" her salary because she took leave on the days for which she was not paid is a question of fact that cannot be resolved on summary judgment.
ù Commissions. It was undisputed that Magee earned commissions on workers that she successfully placed. In her answers to interrogatories, Magee named four workers that she placed, and claimed that she had been receiving commissions from these placements at the time she was terminated. Commissions are wages within the scope of the Act. See LE § 3-501(c)(2)(ii). Contrary to DTSI's contentions, under the Act, employees may have a cause of action based on an employer's failure to pay commissions that were earned during the employment, but which were not payable until after the employee was terminated. See Admiral Mortgage, Inc. v. Cooper, 357 Md. 533, 544 (2000) (employer who refused to pay employee commissions earned during employment but payable after termination was entitled to have jury decide claim under the Act). In this case, Magee similarly was entitled to take her commission claim to the jury.
ù Vacation Pay. Magee's final pay stub reflects 22.20 hours of "remaining" vacation pay, and she asserted under oath that she was not paid for unused vacation. Although Fahey claimed in his affidavit that DTSI has a policy of not paying unused vacation upon termination, he later admitted in his deposition that the "policy" consisted of what Fahey decided in a particular case, and that he had paid unused vacation to at least one other terminated employee. In these circumstances, whether DTSI had a policy of denial or a practice of payment, and whether Magee had any unused vacation remaining, are questions of fact for the jury.
We shall reverse the trial court's erroneous grant of summary judgment on count five of the complaint.
JUDGMENT REVERSED ON ALL COUNTS. CASE REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. COSTS TO BE PAID BY APPELLEE.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|