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Revision of Sometimes it's crucial to specify time, not just date from Sat, 03/01/2008 - 15:44

A software company fired a sales representative for poor performance. The same day, but after the firing, the company closed a deal on which the rep had been working. The company refused to pay the rep his commission. He sued; he won; the appeals court affirmed.

Why did the sales rep win? Because the company's sales compensation plan said:

If an Area Vice President’s employment with Open Solutions is terminated, either
voluntarily or involuntarily, all of the employee’s closed orders as of their
termination date will be reviewed for calculation of commission payments based on
their status as of that date. . . . Only the amount due to be paid at termination will be
paid. No additional amounts will be paid after termination

Eungard v. Open Solutions, Inc., No. 06-2380 (6th Cir. Feb. 26, 2008), at 3. The company tried to argue that the date of termination really meant the time of termination; both the trial court and appeals court disagreed.

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