On January 19, the Indiana Supreme Court granted transfer in the matter of Dwain Underwood, et al. v. Gregg Appliances, et al. Underwood filed the case in March 2013 on behalf of himself and others similarly situated, claiming that the incentive plans received by hhgregg’s managers required bonuses to be paid based on hhgregg’s annual EBITDA, which happened to include $40 million in insurance proceeds received from a key man insurance policy. hhgregg failed to pay those bonuses, claiming that the insurance proceeds should not be included when calculating bonuses, which was contrary to the express terms of the incentive plans.
In July 2015, Marion County Superior court Judge Robert Altice, who has since been appointed to the Indiana Court of Appeals, granted summary judgment in favor of Underwood. HHGregg appealed to the Indiana Court of Appeals, which reversed Justice Altice’s decision and granted summary judgment in favor of HHGregg. Pavlack Law requested that the Indiana Supreme Court grant transfer of this matter. The Indiana Supreme Court granted transfer, and an oral argument is scheduled to occur on February 23rd.
Pavlack Law has been successful pursuing claims on behalf of employees in various forms of wage disputes: claims of underpayment or nonpayment of wages, failure to pay commissions, and withholding of money owed to an employee. We make the process as smooth and seamless as possible, while aggressively fighting for due compensation. To meet with an attorney who is knowledgable on wage cases, contact our Indianapolis, Indiana law firm today.