Adkins v. Am. Mine Research, Inc. (Signed Opinion)
Annotate this CasePlaintiff, the former employee of Defendant, filed this action brought pursuant to the Wage Payment and Collection Act (WPCA), alleging that Defendant violated the WPCA by failing to pay him the commissions which he was due and owing by the next regular payday upon his resignation. The circuit court granted summary judgment to Defendant, finding that Defendant did not violate the WPCA because Defendant’s employment agreement with Plaintiff contemplated that Plaintiff was paid commissions upon shipment of products. The Supreme Court reversed, holding that where the parties disagreed as to how commissions were calculated, the circuit court improperly focused on when the commissions were paid and therefore incorrectly determined that there were no genuine issues of fact.
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