Appellant/Plaintiff Paul M. Davis appeals from the trial court‟s grant of summary judgment in favor of Appellee/Defendant All American Siding&Windows, Inc. (“All American”). Davis contends that All American is obligated to pay him commissions he allegedly earned before terminating his employment with All American and that those commissions are subject to the Indiana Wage Payment Statute.
Conclusion (slip op. at 13): The judgment of the trial court is reversed and remanded with instructions.
Key Analysis (slip op. at 13): We conclude that Davis is owed commissions that he earned before leaving All American. Davis designated uncontradicted evidence that [these] projects were completed and were not renegotiated so as to alter his commission. We remand for trial, however, on the question of whether the parties had a meeting of the minds regarding whether the commissions were to be reduced by the amount that the final contract price fell short of the final par job cost. The answer to this question will determine if commissions are to be paid, or affect the amount of the commissions, on the other projects . . . Finally, we conclude that Davis‟s commissions are not “wages” for purposes of the Indiana Wage Payment Statute.