Justice Emily Pines
Ex-employee Swift sued former employer Broadway Neon Sign (BNS) arguing it breached the parties’ employment agreement and failed to pay him wages due. BNS argued Swift breached the parties’ January 2006 agreement by engaging in fraudulent behavior and diverting business to competitors. Swift argued he earned a commission at the rates set forth in his employment agrement when a contract between BNS and a customer was entered into, not when the called-for work was completed by BNS and paid for by the customer. BNS argued in the reverse. The court found the agreement indicated Swift was to be compensated on profitability sold from each estimate sheet in accordance with an attached schedule, finding such profitability was calculated long before a project was completed and paid for in full. Yet, it also found commissions paid to Swift on a Citi Field job were earned at the close and full payment of such job, and at a lower rate than others. The court found Swift did not violate various “for cause” provisions in the parties’ agreement, and while BNS had the right to terminate Swift, it acted improperly and failed to pay Swift his commissions. Thus, it ruled Swift was entitled to damages from BNS of $73,986.
