West Virginia Record

Sunday, August 18, 2019

Man says he is owed commission check

By Mark Reccek | Feb 9, 2015

WINFIELD – A man is suing a company over claims it refused to issue a commission check to him for profits earned during his employment.

Gary Guy filed a lawsuit Jan. 26 in Putnam Circuit Court against U.S. Bearing and Power Transmission Company, alleging breach of contract and violation of the West Virginia Wage Payment and Collection Act.

According to the complaint, Guy was hired by the defendant May 2011 and the written terms of the employment agreement stipulated he would be paid the salary of $42,500 and an 8 percent commission on all sales exceeding the gross profit level of $50,000 per month. The defendant understood the commission check would be issued monthly when Guy met gross profits as established by the agreement, the suit states.

In September 2011, Guy reached a level of sales that yielded $74,000 of profit, according to the suit, but the defendant informed Guy the amount yielded was not based upon a net profit.

Guy alleges the defendant never issued him a commission check.

Guy is represented by attorney Kathryn Reed Bayless of Bayless Law Firm in Princeton.

Putnam Circuit Court case number: 15-C-15

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