A former employee of Zierke Built Manufacturing (ZBM), Inc., has won the first round in his civil lawsuit against the Fairmont-based company.
Now, Leroy John Larson is hoping to cash in even more if a jury rules in his favor.
Last year, Larson sued ZBM in Faribault County District Court for wages and sales commissions earned in 2017 the company has not paid him.
Judge Troy Timmerman in a partial summary judgment says company officials must pay Larson commissions totaling $20,428 and $4,240 in penalties.
“The issue of whether Larson has additional wages and commissions that remain earned and unpaid shall be determined at trial,” says Timmerman.
Larson’s suit says that ZBM officials owe him $40,976 in sales commissions and he wants the company to pay attorney and witness fees and any expenses if he wins his case.
A one-day jury trial scheduled for July 17 in Blue Earth and includes a witness list of eight will be decided by six jurors.
Among the witnesses expected to testify include ZBM founder and president Greg Zierke; Kyle Zierke, ZBM vice-president; and Lisa Bromeland, former ZBM office manager.
Court documents say the Zierkes have voluntarily dismissed any counterclaims filed against Larson.
According to court papers, Larson began working as a sales representative with the company in 2008 and was earning an annual salary of $73,500 plus commissions when he resigned in February 2018.