May 14, 2020 / 7:03 PM / 15 days ago

4th Circuit revives IBM sales worker's claims that commission caps were fraudulent

A U.S. appeals court on Thursday said a former IBM Corp sales specialist can move forward with fraud and unjust enrichment claims against the tech giant for capping his commissions after telling him it would not do so.

A unanimous three-judge panel of the 4th U.S. Circuit Court of Appeals revived Justin Fessler’s 2018 lawsuit, saying the judge in Virginia who tossed it out was wrong to find that his claims were foreclosed by a document explaining IBM’s commission system because it included a disclaimer saying it “does not constitute a promise.”

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2X0r1qu

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