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Home / Opinion Digests / Tort/Negligence / Tort/Negligence – Fraud – Payment of Wages Act – Sales Commissions – Civil Practice – Statute of Limitations – Discovery Rule (access required)

Tort/Negligence – Fraud – Payment of Wages Act – Sales Commissions – Civil Practice – Statute of Limitations – Discovery Rule (access required)

Although a check itself is not a factual assertion, here it was defendants’ action of sending plaintiffs deficient commission checks, pursuant to an agreement that full commission would be paid, that constituted the misrepresentation. Defendants’ motion to dismiss is granted in part and denied in part. Plaintiffs allege that, years after they left defendants’ employ, they learned ...

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