Shelp v. GoSecure Inc.

Key Facts:

• Issue: Wrongful dismissal and determination of reasonable notice period and income loss, including commissions.
• Background: Henry Brent Shelp (Plaintiff), a Vice President of Sales, was terminated without cause after 10 months due to company downsizing. At the time, he was 51 years old, earning $190,000 annually, plus commissions.

Court Decision:

1. Reasonable Notice Period:

   • The court determined a 6-month reasonable notice period, guided by the Bardal factors (age, role, tenure, and employability).
   • Plaintiff's short tenure and mobility in his career (seven employers prior) were considered.

2. Income Loss Calculation:

   • Base Salary: $95,000 (6 months at $15,833.33 per month).
   • Commissions: $82,778.46 (average of $13,796.41 monthly over 6 months).
   • Benefits: $9,500 (10% of salary).
   • Phone Allowance: $660.
   • Total: $187,938.46.
   • Adjusted for mitigation earnings and post-termination salary, resulting in $163,659.92 in damages.

3. Inducement to Leave Prior Role:

   • Plaintiff argued he was induced to leave stable employment. The court rejected this, finding no evidence of active recruitment or misrepresentation by GoSecure.

4. Sales Commissions:

   • Commissions were calculated based on the plaintiff's historical earnings, following precedent from similar cases (O’Reilly v. Imax Corp.).

Outcome:

• Plaintiff awarded $163,659.92 plus pre-judgment interest. Costs to be determined separately if not agreed upon.