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FESSLER v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 18-2497.

959 F.3d 146 (2020)

Justin FESSLER, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellee. Metropolitan Washington Employment Lawyers Association; North Carolina Advocates for Justice, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 14, 2020.

Attorney(s) appearing for the Case

ARGUED: Mark Russell Sigmon , SIGMON LAW, PLLC, Raleigh, North Carolina, for Appellant. Justin Robert Barnes , JACKSON LEWIS P.C., Atlanta, Georgia, for Appellee. ON BRIEF: Jeremy R. Williams , Matthew E. Lee , WHITFIELD, BRYSON & MASON, LLP, Raleigh, North Carolina, for Appellant. Matthew F. Nieman , JACKSON LEWIS P.C., Reston, Virginia, for Appellee. James Edward Rubin , RUBIN EMPLOYMENT LAW FIRM, P.C., Rockville, Maryland, for Amicus Metropolitan Washington Employment Lawyers Association. S. Luke Largess , Cheyenne N. Chambers , TIN FULTON WALKER & OWEN, PLLC, Charlotte, North Carolina, for Amicus North Carolina Advocates for Justice.

Vacated and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge King and Judge Quattlebaum joined.

Justin Fessler brings this suit against his former employer, International Business Machines Corporation ("IBM"), for unpaid commissions. Fessler alleges that IBM unlawfully "capped" his sale commissions despite representing to him that his commissions would be uncapped. The district court dismissed his claims on the basis...

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