O’Brien Law Firm files suit for sales representative for $129K in unpaid commissions against Houston firm specializing in commissioning and pre-commissioning services in the energy industry

On October 25, 2021, the O’Brien Law Firm filed suit against Houston-based B and W Energy Services, Inc. on behalf of sales representative W.M. who is due, as alleged in the lawsuit, at least $129,000 in unpaid commissions for his procurement of valuable industrial cleaning projects on behalf of B and W with companies such as Shell and Kiewit Corporation.

In June 2021, W.M. resigned his employment to move on to another opportunity. At the time that he resigned, he had already sold numerous projects for which he would be due a commission when B and W received payments on the project. B and W claimed that it had no obligation to pay W.M. any commissions after he resigned, even though W.M. had already closed on those sales while employed.

However, in the parties’ written compensation plan, there is no mention as to what happens to W.M.’s pending commissions for sales made during employment, but for which payments from which commissions are to be paid come in post-employment. The O’Brien Law Firm is arguing that Texas law requires payment of those post-employment commissions, absent any agreement between the employer and the employee otherwise. That case is filed as Cause No. 2021-70687 in the 113th District Court of Harris County, Texas. Kerry O’Brien is lead counsel for W.M. in the case.

UPDATE: In March 2023, the O’Brien Law Firm filed a summary judgment motion with the court, asking the court to find in W.M.’s favor on the law and without a trial for almost all of the commission due to him. With that motion about to be decided by the court, and with a jury trial set for May 2023, in April 2023 the parties settled the dispute on confidential terms.

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