IMPORTANT NOTICE OF COMMISSION WAGES LAWSUIT & INVESTIGATION

IF YOU ARE A CURRENT OR FORMER COMMISSIONED EMPLOYEE AT KBW OR ANY BANK W HOLDINGS OR BANK W STAFFING LLC COMPANY WE WOULD LIKE TO HEAR FROM YOU.

John Peterson et al v. Bank W. Staffing, LLC

Case No.: # (to be determined upon filing)

and

(Former Employees ) v. Bank W. Holdings, LLC

Case No.: # (to be determined upon filing)

INTRODUCTION

This site is dedicated to commissions lawsuits filed against Bank W. Holdings, LLC.

Class Action Lawsuit:

John Peterson et al v. Bank W. Holdings, LLC

John Peterson et al v. Bank W. Holdings is a class action commission lawsuit filed in the US District Court -Concord, NH

Download Peterson et al v. B.W. Holdings Complaint PDF

The Plaintiffs (Peterson et al) alleges that Bank W. Holdings (BWH) has defrauded these sales employees of hundreds of thousands in earned commission wages by arbitrarily holding back wage payments and changing the terms of commission contracts. The complaint alleges that BWH has been withholding wages from commissions earned by departed employees for years, and has instead kept and not reported wages due. Wages were to be paid when the related fees were received by BWH customers, per the agreements in the existing Sales Tracking & Commission (ST&C) Guidelines. On December 28th, 2016, new ST&C Guidelines were sent to all employees and it was required they be signed by existing employees. This action looked to cover-up and justify the unlawful past practices. This aimed to internally redefine the term “commission” despite NH & MA state wage laws defining the difference between a commission wage and bonus compensation. BWH now un-lawfully takes all commissions still owed to departed employees from yet to be paid sales. These wages were suppose to be due the ex-employee when the customer pays the fee generated from the past employee’s sale. BWH redefined a new term calling it “commission credit”, not recognizing it as a commission owed anymore even after it is paid. Now in every case of a paid fee from a sale, the earned “commission credit”, are kept by ownership and not paid to any former employee. BWH tries to justify this action by explaining it as a method to eliminate BWH’s burden of collection from paid commission to a departed employee, in a case where a paid fee needs to be credited back to a customer for a disputed sale. However, BWH now takes all former employees earned wages not yet collected, even those commissions where there is no return credit needed to be given back to a customer after the invoice is paid.

Private Attorney General Act Lawsuit: (Former BWH employees) v. Bank W. Holdings, LLC

(former employees) v. Bank W. Holdings, LLC is a Private Attorney General Act (“PAGA”) commission wages lawsuit against Bank W. Holdings pending its filing in District Courts of New Hampshire and Massachusetts.

Download Employees v. B.W. Holdings Complaint PDF

Plaintiff believes that BWH has engaged in unlawful practices with past and present employees by failing to pay them full and timely commissions (incentive compensation). Through the use of a deceptive introduction of new commission guidelines and arbitrary execution of compensation plans, we believe BWH un-lawfully takes commissions of it’s past and present commissioned employees based on illegal grounds, criteria, and methods in a recently introduced change in a mandatory commission contract. Bank W Holdings also imposes this illegal threat of non-payment of earned commission wages on its commissioned employees as a punishment for employees wishing to leave BWH employment. This policy takes $1M.-$2M. of aggregate earned wages from commissions still owed, but yet to be paid to departed employees. It puts the entire sales revenue into ownerships hands to be kept by BWH, not paying the portion out to employees which are earned wages.

SUBMIT COMMENTS & QUESTIONS

As part of our investigation, we would like to hear from you regarding your experiences at Bank W. Holdings, LLC relating to sales commissions. Please also feel free to submit any questions you have.

Please note that it would be against the law for Bank W. Holdings to retaliate against you for contacting us or participating in this lawsuit.

LEGAL TEAM

Attorney Ben Wyatt – Wyatt and Associates PLLC, Keene, NH

Attorney Megan Deluhery – Todd, Weld  LLP, Boston, MA

Attorney Kate Fitzpatrick – Doorways Employment Law, Worcester, MA

Wyatt and Associates PLLC is a New England based employment law firm with offices in Keene, NH.  Attorney Ben Wyatt, Managing Partner and graduate of Yale Law is admitted to practice in Massachusetts, New Hampshire, Connecticut, Vermont  and those states‘ District Courts.  The firm specializes in representing plaintiffs with claims involving employment discrimination, wage and hour violations, and other areas of employment law, including employment class action.

Attorney Megan Deluhery is a Partner & board member of her firm.  She is a graduate of the University of Chicago Law School and of Dartmouth College. She is an Employment and Litigation Specialist at Todd Weld, LLP a Boston-based law firm with over 40 attorneys.  The firm represents professionals on all matters related to employment law, from employment compensation and employment agreements to disputes involving discrimination and employment class action. They also have specialties in a full variety of business litigation.

Attorney Kate Fitzpatrick is the former Assistant Attorney General who worked within the Fair Labor Division at the Attorney General’s Office of Massachusetts and who lead the state task force coordinating investigations and the enforcement of staffing companies.  She is now the Managing Principal at Doorways Employment Law, Worcester, MA.  Kate is a graduate of Northeastern’s Law School and holds a Georgetown University undergraduate degree.  She also has taught law at Brandies University.