Bloomberg Law
May 14, 2020, 6:03 PMUpdated: May 14, 2020, 6:59 PM

IBM Tech Salesman’s Capped-Commission Suit Revived on Appeal (1)

Kathleen Dailey
Kathleen Dailey
Legal Reporter

An International Business Machines Corp. tech salesman has enough evidence to go to trial on claims that the company unlawfully capped his commissions after repeatedly telling him that his earning potential was limitless, the Fourth Circuit ruled Thursday.

A jury should decide whether Justin Fessler reasonably relied on IBM PowerPoint presentations informing him that his commissions were uncapped, the U.S. Court of Appeals for the Fourth Circuit held, reversing the Eastern District of Virginia’s decision to dismiss the suit.

Although Fessler’s incentive plan letters warned that IBM could adjust his compensation for various reasons, those disclaimers don’t necessarily prove that ...

Learn more about Bloomberg Law or Log In to keep reading:

Learn About Bloomberg Law

AI-powered legal analytics, workflow tools and premium legal & business news.

Already a subscriber?

Log in to keep reading or access research tools.