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O’Brien Law Firm sues global SAP consulting firm Cognitus Consulting for former employee’s substantial unpaid commissions and profit share

On April 5, 2023, the O’Brien Law Firm filed suit against Cognitus Consulting, LLC, a global firm specializing in SAP consulting (Systems, Applications, and Processes) for companies to help those companies find and implement the software applications that are right for their operations.

O’Brien’s client T.S. is a highly-skilled consultant and practice manager whose compensation structure included both personal incentive compensation as well as profit-sharing among the firm’s practice managers. In April 2023, Cognitus unfairly terminated T.S. without paying him at least over a half-million dollars of incentive compensation, salary, and profit-sharing already due.

In this case, T.S.’s written compensation agreement included an explicit annual profit-sharing component. After a year-and-a-half of employment, and after T.S. had requested his profit share many times, the company told him that the profit-sharing component in his employment agreement was simply an error and refused to honor it for the period of time he had already been working under it. The case will involve, in part, a detailed examination of the company’s accounting records to determine the correct amount of company profit due to T.S. for his first year-and-a-half of employment.

The case is filed as Cause No.  D-1-GN-23-001930 in the 201st District Court of Travis County, Texas. Kerry O’Brien is lead counsel for T.S. on the case.

UPDATE: In August 2023, the parties settled the case on confidential terms.

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