SOURCE: Nichols Kaster & Anderson, PLLP

July 31, 2008 15:25 ET

Federal Court Allows Sprint Retail Employees Represented by Nichols Kaster & Anderson, PLLP to Continue With Claims to Collect Their Unpaid Commissions

KANSAS CITY, KS--(Marketwire - July 31, 2008) - On July 30, 2008, the District Court of Kansas issued an order allowing Sprint's retail employees to continue with their commission claims against the company. The Court issued its ruling in response to a motion to dismiss filed by Sprint. Sprint argued that non-Kansas residents were not protected by Kansas state commission laws even though the retail employees' commission agreements included choice-of-law and choice-of-venue provisions specifying Kansas law and Kansas courts. Sprint asserted that the Kansas commission statute only protected Kansas residents.

The Honorable Judge Kathryn H. Vratil rejected this argument, explaining that Sprint did not show as a matter of law that out-of-state employees could recover their commissions from Sprint under the Kansas Wage Payment Act.

This action was filed in February 2008 by Sprint's retail employees who claim that Sprint systematically failed to pay them commissions they were due.

Plaintiffs' motion to certify this case as a class action is currently pending with the Court. Plaintiffs' counsel Michele Fisher stated, "If the case is certified, it will likely include over 19,000 retail employees, their managers and their district managers from across the country."

Plaintiffs are represented by Michele Fisher, Paul Lukas and Charles Frohman from Nichols Kaster & Anderson, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. The case is entitled Sibley et al v. Sprint Nextel Corporation et al, Civ. No.2:08-cv-02063, D. Kansas.

Individuals may find additional information at www.overtimecases.com or by calling Nichols Kaster & Anderson toll free at (877) 448-0492.

Contact Information

  • Contact:
    Michele Fisher
    Nichols Kaster & Anderson
    612-256-3229