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Binding arbitration award of unpaid sales commissions is upheld as employer's defense had "no substantive merit."

Paul Hartigan was employed by The Gold Refinery, LLC, to buy and sell gold.  He was compensated by the volume of gold he transacted at hotel events and house parties.  He claimed that he was under-paid and the parties agreed to take their dispute to arbitration.  After the arbitrator ruled that it owed Hartigan about $42,000.00 dollars, The Gold Refinery refused to pay up. Hartigan eventually sued and the defendant asked the court to set aside the arbitration.    The Court refused and the Court of Appeals affirmed that outcome, pointing out that "as long as the arbitrator is even arguably construing or applying the [arbitration] contract and actin within the scope of his authority, a court may not overturn the decision even if convinced that the arbitrator committed a serious error."

Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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