The plaintiff was terminated without cause from his position as a commissioned salesperson just prior to the COVID-19 pandemic lockdowns.
He brought a motion for summary judgment seeking pay in lieu of notice, including base salary, commissions on pending deals, and bonus pool payments.
The court awarded a 10-month notice period, explicitly accounting for the pandemic's negative impact on his job search.
The court also awarded the plaintiff his commission on a major transaction that closed during the notice period, but declined to award commission on a transaction that remained pending after the notice period expired.
