Former sales representative alleges Oracle America refused to pay full, complete amount of commissions earned

Posted February 24th, 2017.

As It Appeared On
CA Record

Philip Gonzales

SAN FRANCISCO – A former sales representative has filed a class-action lawsuit against Oracle America Inc., a Redwood City business, citing alleged unfair business practices.

Marcella Johnson, individually and on behalf of all others similarly situated, filed a complaint on Feb. 14 in the U.S. District Court for the Northern District of California against Oracle America Inc. alleging that the network company failed to comply with the California Labor Code and other counts.

According to the complaint, the plaintiff alleges that she suffered financial losses for not receiving any commission payments from the start of her employment in March 2013 until November 2013. The suit states that after commission payments were re-planned beginning the fiscal year, June 2013, plaintiff’s earned commissions on past sales transactions were significantly reduced and plaintiff suddenly had a negative commission balance of approximately $20,000.

The plaintiff holds Oracle America Inc. responsible because the defendant allegedly unlawfully imposed retroactive changes in commission plans, systemically refused to pay full commissions and failed to pay wages upon termination.

The plaintiff requests a trial by jury and seeks an order certifying this action as a class action and designating plaintiff as class representative, award of damages, injunctive relief, pre- and post-judgment interest, attorneys’ fees and costs and such other just and proper relief. She is represented by David Sanford of Sanford Heisler LLP in Washington, D.C.; Felicia Medina and Xinying Valerian of Sanford Heisler LLP in San Francisco; and Eric C. Kastner and Daniel H. Qualls of Kastner | Kim LLP in Mountain View.

U.S. District Court for the Northern District of California Case number 3:17-cv-00725

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