Zalkind Law’s David Russcol submitted a friend-of-the-court brief in Parker v. Enernoc, Inc., a case heard last week in the Supreme Judicial Court. The plaintiff was fired soon after closing the largest sale in her employer’s history, which the jury found was in retaliation for complaining of violations of the Massachusetts Wage Act. Some of the commissions on that sale were not due until a year later. The Wage Act provides that “lost wages and other benefits” due to retaliation are tripled, but the lower court did not triple those unpaid commissions. David argued on behalf of the Massachusetts Employment Lawyers Association, Immigrant Worker Center Collaborative, Lawyers for Civil Rights, and Fair Employment Project that employers cannot avoid paying commissions by firing employees before the commissions are due, and that the plaintiff’s unpaid wages had to be tripled in order to avoid giving employers an incentive to engage in illegal retaliation.
Read the brief here: Amicus Brief – Parker v. Enernoc, Inc