Williamson v. MGS By Design
Williamson v. MGS By Design, 2022 UT 40 (Durrant, C.J.)
MGS was Williamson’s employer. They operated under an oral agreement, despite Williamson’s multiple requests for a signed writing memorializing their employment relationship. When Williamson sued MGS for failing to pay her sales commissions, the district court granted MGS’s motion to dismiss, because there was no signed writing. The Utah Supreme Court granted Williamson’s interlocutory appeal and reversed, holding:
- Under the plain language of the Utah Sales Representative Commission Payment Act, the writing is not a prerequisite for a salesperson to sue a principle under the Act.
- An attorney fee determination cannot be made until MGS is “found liable” for failure to pay commissions—which does not happen at the interlocutory appeal phase of litigation.