Man says company stiffed him on commissions

By Justin Anderson | Mar 23, 2009

CHARLESTON – A man claims he sold designer glass items for a company on commission, but the company stiffed him on many orders he wrote.

Thomas W. Fink, of Charleston sued Clearwater Investments Ltd. doing business as Dacra Glass Company in Kanawha Circuit Court on Feb. 24.

Fink claims the company owes him at least $7,512 in commissions from glass he sold throughout Ohio, West Virginia and Pennsylvania.

According to his complaint, Fink was hired in January 2004 as an independent sales representative for the company to sell its gift lines. He said he had an agreement with the company under which he would receive a 12.5 percent commission on items he sold in West Virginia and other states if a West Virginia-based account had business in other states.

For about five years, Fink claims he placed Dacra Glass displays in 52 retail locations in three states.

From the time he started until 2007, Fink says he was paid his commissions. Beginning in 2008, Fink claims the commission payments from Dacra became "erratic and delinquent." After June 30, 2008, he claims the payments stopped altogether, even though he says he's still owed $7,512 for 115 orders he continued to write.

Fink says he sent the company two certified letters, but never got a response.

He's seeking compensatory and punitive damages, plus legal interest and legal fees.

Fink is represented by Mark R. Staun. The case has been assigned to Kanawha Circuit Judge Jennifer Bailey Walker.

Kanawha Circuit Court case number: 09-C-318

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