SOURCE: Nichols Kaster, PLLP

November 25, 2008 09:42 ET

Court Certifies Nationwide Class of Over 19,000 Retail Sales Reps Seeking Commissions Who Are Represented by Nichols Kaster, PLLP

KANSAS CITY, KS--(Marketwire - November 25, 2008) - On November 24, 2008 the District Court of Kansas certified a class of over 19,000 current and former Sprint Nextel retail representatives and their managers. These Retail Channel employees assert that Sprint Nextel shorted them hundreds of dollars per month and more in earned commissions. They claim that the company's flawed commission systems and appeals processes routinely prevented them from being paid accurately. Sprint Nextel has admitted that its systems and processes for paying commissions are faulty and result in commission payment errors.

In its commission agreements with these retail employees, Sprint Nextel inserted forum selection and governing law provisions. It provided that the agreement was governed by Kansas law and that all claims had to be brought in Kansas. Earlier this year Sprint Nextel tried to avoid these provisions but the Court rejected the company's arguments, clearing the way for its retail employees across the country to pool their resources and pursue the same claims in the same court. Plaintiffs' counsel Michele R. Fisher stated, "Sprint Nextel has routinely denied its employees their commissions due. The company also makes the internal process for appealing commission shortages so time-consuming and burdensome that many employees just give up pursuing their pay. We plan to help them recover what they earned and are pleased that they will be able to proceed as a class."

Plaintiffs' counsel also represent Sprint Nextel's account executives and managers from its Business Direct Channel in a similar putative nationwide class action. The motion for class certification in that case will be heard in the District Court of Kansas on November 26, 2008.

Plaintiffs are represented by Michele Fisher, Paul Lukas and Charles Frohman from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. The case for Retail Channel employees is entitled Roxie Sibley, et al. v. Sprint Nextel Corporation, et al., Civ. No. 08-cv-02063 KHV. The case for Business Direct employees is entitled Rick Harlow, et al. v. Sprint Nextel Corporation, et al., Civ. No. 08-cv-2222 JWL. Additional information about the cases is located at or may be obtained by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

Contact Information

  • Contact:
    Michele R. Fisher
    Nichols Kaster, PLLP
    (612) 256-3229