Former HVAC manager claims wrongful firing for demanding agreed-upon commission

By Noddy A. Fernandez | May 14, 2017

FRESNO — A former assistant sales manager is suing an air conditioning and heating contractor, citing alleged wrongful termination as retaliation for asking for what he claims are earned commissions.

Frank Sanchez filed a complaint on April 20, in Fresno County Superior Court against Jack's Refrigeration Inc. and Does 1-10 alleging that the defendants violated the California Labor Code.

According to the complaint, the plaintiff alleges that, on Nov. 3, 2014, plaintiff started his employment with the defendant and it was agreed he would receive 10 percent commission on all sales with a $1,000 weekly draw. Plaintiff claims he failed to receive any commission starting on the date of his employment until May 26, 2015, with a due amount of $34,030. On May 28, 2015, plaintiff was terminated because he had complained about not being paid his commission, asserting his right to receive full wages and threatening to go to the Labor Commissioner's office. 

The plaintiff holds the defendants responsible because they allegedly failed to pay plaintiff full wages due and owing at that time, failed to reimburse the expenses incurred, terminated plaintiff for asserting his rights and denied plaintiff his right as an employee under the Labor Code.

The plaintiff requests a trial by jury and seeks judgment for special damages, general damages or compensatory damages, pre-judgment interest, attorneys' fees, costs of suit and for such other and further relief as the court may deem proper. He is represented by Larry H. Shapazian of Tomassian, Pimentel and Shapazian in Fresno.

Superior Court of the State of California Case number 17CECGO01349

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