Melinda Balian Successful in 6th Circuit Court of Appeals

FHWN Attorney Melinda Balian was successful in her oral argument before the Federal Sixth Circuit Court of Appeals in Cincinnati, Ohio in the case of Eungard v OSI, published opinion 06-2380.  The case involves a contract dispute and claim under the Michigan Sales Representative Commission Act, wherein the employer refused to pay sales commissions to its former employee who it chose to terminate on the same day that the sales were consummated.  Although the lower court ruled that the case should be dismissed in favor of the employer, the Sixth Circuit Court of Appeals agreed with Ms. Balian, ruling that the language of the Sales Commission Plan at issue must be construed against the employer and that the employee was entitled to a trial on whether he was due his full commissions under the terms of the Sales Commission Plan.