Court sends contract interpretation back to the Circuit Court for factual analysis
David Sutherland sued his prior employer, Powersports of Monroe, doing business under several other names, alleging that his five-year employment contract was illegally terminated without payment of full compensation. The Defendants argued that Sutherland had earned more compensation than the five-year contract provided, and sought summary disposition.
The Monroe Circuit judge dismissed Sutherland's claim but the Court of Appeals reversed and sent the case back to the trial judge. The appellate court held that Sutherland had raised material questions of fact regarding his claim of a companion contract for the payment of commissions and regarding his entitlement to a $50,000.00 "termination payment" for discharge "without cause."