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T-Mobile Loses Bid to Dismiss Case Accusing it of Failing to Pay Commissions

February 06, 2018

Plaintiffs Dana Rohde and Michael Wilson sued T-Mobile on behalf of current and former Washington employees because T-Mobile failed to pay sales commissions, some of which have been owing for years. Plaintiffs claim that T-Mobile deliberately uses a broken system to track and pay sales commissions and that, as a result, T-Mobile routinely fails to properly and timely pay employees for all their commissions.

T-Mobile asked the King County Superior Court to dismiss Plaintiffs’ claims for breach of contract and violation of Washington’s wage laws. Although T-Mobile required its employees sign a 39-page agreement, T-Mobile argued that no enforceable contract existed. Even if an enforceable contract did exist, it argued, Plaintiffs could not prove it had been breached.

On January 24, 2018, the King County Superior Court said “no” to T-Mobile and refused to dismiss the case. The Court held that the sales incentive compensation plan documents “could not have been more specific about the circumstances under which a sales associates earns commissions.” The Court also held that enough evidence existed to justify a trial to resolve conflicting evidence.

Plaintiffs will soon ask the Court to allow this case to proceed as a class action on behalf of all Washington retail sales associates.