A Galveston County, TX, man is suing his former employer for fraudulent inducement, fraud, breach of contract, negligent misrepresentation, and intentional misrepresentation after the man claims the employer took money from him after changing the terms of his employment in sales.
According to discovery documents filed Aug. 15 in Galveston County, TX, district court, Lance Parks began working for Big D Marine & Powersports LP in December 2021, including a letter of intent which laid out a "pay plan" for him as commissioned sales associate.
"After beginning his employment at Big D in Galveston County, Texas, a $3,000 deduction was made from Plaintiff’s monthly commission payment," the suit stated. "Plaintiff earned all these commissions in Galveston County, Texas at the Galveston County location for Big D. This was described by the account manager at Big D as “like a loan.”
Parks then took his concerns to human resources, which "refused to listen to him," the suit stated.
"At Big D, all salespeople and managers received a payroll draw, which is considered 'fixed expenses,' according to Big D," the suit stated. "However, Plaintiff’s pay was not calculated this way and Plaintiff did not realize this for some time. Plaintiff’s actual payroll calculation, one in which Plaintiff never agreed to, was the monthly gross profit minus fixed expenses. Thus, every month, from January 2022 through February 2023, Big D took a large sum out of Plaintiff’s paycheck."
Another issue of the fraud complain was an alleged discrepancy between what the plaintiff was getting paid and what was promised, which the suit alleges was a result of Big D’s misrepresentation and refusal to honor the agreement.
Parks is being represented by Mark C. Sparks of the Ferguson Law Firm in Beaumont, TX.