Advise a discharged employee what wages she is owed and what damages she may seek. You have 60 minutes. To: Associate. Use the File and the Library only, then compare your draft with the rubric and the model answer below.
The assignment
To: Associate. From: Gwen Abara, Partner. Re: Naomi Feld. Ms. Feld was a salesperson for Summit Windows and was fired on June 6. Summit has not paid her last two weeks' pay, and it says she forfeited a $4,000 commission because she left before year end. Please draft a letter to Ms. Feld explaining what Summit owes, whether the forfeiture is valid, what she may recover, and what she should do next. Use only the Library, write in plain language, and do not cite cases.
File
Client notes
Ms. Feld was paid every other Friday. Her last regular payday was May 31, and the next was June 14. She was fired June 6 and has been paid nothing since. Her offer letter promised 'a commission of 5 percent on each closed sale, paid in the month after the customer pays.' A customer paid on May 20 for a $80,000 window job, so the commission of $4,000 was calculable and due June. Summit's handbook says that employees who leave before December 31 forfeit unpaid commissions, but Ms. Feld says she never received the handbook. Summit says she was paid what she was due.
Summit email, June 12
Your employment ended June 6. We do not owe you the commission under our policy. Your final salary will be issued whenever payroll runs next.
Library
Wage Act, section 7-102 (Franklin)
An employer must pay all wages due on the regular payday. An employee whose employment ends must be paid all wages due on or before the next regular payday. Commissions must be paid on the first regular payday after the amount becomes calculable when a separation occurs. Commissions may not be forfeited unless the employee was notified in writing of the forfeiture policy before the commission was earned.
Wage Act, section 7-118 (Franklin)
An employer that violates section 7-102 is liable for the unpaid wages plus interest from the date due. The court shall also award liquidated damages equal to the unpaid wages, unless the employer proves it acted in good faith and had reasonable grounds to believe it did not violate the Act, in which case the court may award less or none. A prevailing employee may recover reasonable attorney's fees.
Wage Act, section 7-120 (Franklin)
An employee may bring a civil action for unpaid wages, or may file a complaint with the Commissioner of Labor, who may pursue the claim for the employee. An action must be filed within two years.
What graders look for in this task
Graders score a response against these criteria, and every one of them depends on using only the facts in the File and only the rules in the Library, so treat the list as a check for your draft after the first pass and again before you stop writing.
Explains that final wages are due by the next regular payday, which was June 14, and Summit's 'whenever payroll runs' is not enough
Explains the commission became calculable and is due on the first payday after separation
Explains that forfeiture requires prior written notice and that Ms. Feld says she never received the handbook
Advises that Summit must prove notice and that she should say what she received
Explains the remedy: unpaid wages, interest, and liquidated damages equal to the wages
Explains the good-faith defense and that Summit's position appears weak
Mentions attorney's fees and the option of the Commissioner of Labor
Gives next steps and the two-year deadline in plain language without citing cases