M Civ JI 143.22 Actual Damages / Intentional Failure to Pay Commissions When Due

If your verdict is for [ sales representative ], then you shall award [sales representative] the actual damages caused by the failure to pay the commissions when due.

In addition, you must determine whether [ principal ] intentionally failed to pay the commissions when due. If you find by a preponderance of the evidence that [ principal ] intentionally failed to pay the commissions when due, then you shall award [ sales representative ] an amount in addition to actual damages. That additional amount shall be the lesser of: (1) two times the amount of commissions due but not paid as required; or (2) $100,000.00.

Comment

MCL 600.2961(5).

History

Adopted January 2020.