Bollinger v. Marlin Construction Group, LLC
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Case Study
Mr. Bollinger was a salesperson for the defendant roofing company, Marlin Construction Group, LLC ("Marlin"). His commissions were due when Marlin received payment for his sales, and he was contractually supposed to receive continued commission payments after he left the job in May 2020. Marlin refused to pay the commissions owed, claiming that it did not have to pay Mr. Bollinger because he did not have his own roofing license, and was therefore an "unlicensed contractor" who could not enforce the commission contract. In the alternative, Marlin claimed that Mr. Bollinger was hired through another company as an independent contractor, and so that company, and not Mr. Bollinger, was entitled to the commissions. The jury found that Mr. Bollinger was, in fact, an employee of Marlin Construction rather than an independent contractor, and that he, not another entity, was owed the commissions. The Court also found at summary judgment that Mr. Bollinger was not an unlicensed contractor as Marlin Construction claimed. The jury awarded Mr. Bollinger over $130,000 in unpaid commissions, every dollar he sought in the case. Its finding that he was an employee also entitled Mr. Bollinger to a separate recovery of attorneys' fees and costs.
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