BRYAN K. GALLOWAY v. CHICAGO-SOFT, LTD., 142 N.H. 752

Summary

A former employee filed two statutory wage claims against his former employer with the department of labor (DOL), seeking unpaid salary, commissions, profit sharing and vacation benefits, an unpaid bonus, and severance pay. An initial award by the DOL was reversed and remanded by the superior court. On appeal, the court held that: 1) the former employee was entitled to commissions on sales closed by the termination date both under the contract terms and the conduct of the parties; 2) it could not speculate whether the superior court properly ruled that the former employee was owed liquidated damages; 3) the superior court did not err in awarding attorney's fees to the former employee because there was a valid claim for unpaid wages, and the former employer did not claim that an award of attorney's fees would be inequitable; 4) the superior court's award based on actual hours worked and billed at the firm's regular hourly rates was not erroneous; and 5) the former employee was entitled ...