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Jury Awards $3.2 Million in Damages to Ex-Employee of TapouT:

Michelle Thomas, A former TapouT sales representative who filed suit over a wage dispute with the action sportswear company was today awarded $2.4 million in punitive damages (plus $840,000 in compensatory damages) by a Los Angeles Superior Court jury.

She maintained that she was not paid the commissions she was promised and was denied overtime for working as many as 70-plus hours some weeks during her eight months on the job.

Thomas also testified that employees were told to pay out of their own pocket for any television subscriptions needed to view the company's show on the Versus cable network, called "TapouT," as well as pay-per-view Ultimate Fighting Championship bouts.

Thomas said she was roundly criticized by a supervisor for not watching one required program on her birthday. She was fired in June 2008.

over 1 year ago U-faber_tiny Nick Thomas 29 comments 0 recs  | 

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Damn

I've got plans for your murder and I'm ready to discuss em
You ready to die? Tell god I said fuck em
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by II SMASH II on Jan 26, 2011 1:35 PM EST reply actions  

so now she is hot and rich?

Rough life sweety.

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by the-gentle-way on Jan 26, 2011 1:39 PM EST via mobile reply actions  

Where’s her picture?

by disinferno06 on Jan 26, 2011 6:52 PM EST via mobile up reply actions  

That seems like WAY too much money for what she’s complaining about. I know very little about these sorts of situations though. I’m guessing there can be an appeal?

Still a Beer Monster.

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by Tim Burke on Jan 26, 2011 1:39 PM EST reply actions  

Youd be surprised at how much some of the sales guys make....

I use to work in an office for Comcast and some of the vets in there were making 6 figures. And they were only allowed to take business from maybe 4 or 5 towns within a state. Imagine being a national sales rep and how much money is involved with that…. a lot!

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by DJ Pullout on Jan 26, 2011 1:45 PM EST up reply actions  

too bad Canadians cant sew eachother like that, i work for a zillion dollar company.

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by Thats It For you! on Jan 26, 2011 1:44 PM EST reply actions  

C.R.E.A.M.

The new editor of HeadKickLegend.com

Follow me on twitter @HeadKickLegend

by Matthew Roth on Jan 26, 2011 1:46 PM EST reply actions  

Wrong Michelle Thomas?

by wilberdp on Jan 26, 2011 1:46 PM EST reply actions  

Way to ESPN that one!

by wilberdp on Jan 26, 2011 1:47 PM EST up reply actions   1 recs

nice… I got the picture from another article, I’ll change it for now.

by Nick Thomas on Jan 26, 2011 1:48 PM EST up reply actions  

Something does not compute

“She maintained that she was not paid the commissions she was promised and was denied overtime for working as many as 70-plus hours some weeks during her eight months on the job.”

Are you salaried and deserve overtime, or do you work on commission and therefore do not get OT? Or do you work a job where you get overtime AND commission? Any sales job I had was all commission – if I worked 60 or 40 hours a week, I got paid the same.

BOOSH

by Farthammer on Jan 26, 2011 1:48 PM EST reply actions  

shhhhhhh with the facts

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by Matthew Roth on Jan 26, 2011 1:50 PM EST up reply actions  

A lot of places are salary with bonuses. I have a friend who works at a CPA firm who gets flatrate salary for his 40 a week, then bonus for each hour after that. Some salary places pay you flatrate for everything above 40 hours and prorate your pay for anything less. It all depends on where you are and the company’s policies/contracts.

by wilberdp on Jan 26, 2011 1:51 PM EST up reply actions  

This assumes she stayed in a sales position all 8 months she was at the job…

When I'm on the mic it goes down, CINTRON

-Joell Ortiz

by The Lethal Haze on Jan 26, 2011 1:52 PM EST up reply actions  

What position are you suggesting she was in???

giggity!

by wilberdp on Jan 26, 2011 1:59 PM EST up reply actions  

The court wouldn’t have looked at this if overtime pay wasn’t outlined in the employee guidelines. It must have been if it were a focal point in the case.

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"Two things are infinite: the universe and human stupidity; and I’m not sure about the universe." - Albert Einstein

by Leland Roling on Jan 26, 2011 3:14 PM EST up reply actions  

Seriously WTF

Do people even read? She didn’t get 2.3 million in restitution. She was awarded 2.3 million in punitive damages.

That amount isn’t compensating for lost wages etc, but is punishment for TapouT for being douchebags… which they were clearly being.

No commissions when they were processed, forced overtime, no overtime pay, no company reimbursement for expenses incurred on the job… Plus the two assholes on top were raking in millions.

When I'm on the mic it goes down, CINTRON

-Joell Ortiz

by The Lethal Haze on Jan 26, 2011 1:50 PM EST reply actions   1 recs

plus she was highly paid ($840,000 compensatory) which makes the punitive damages only 3 times compensatory. That’s not very high.

by ecost on Jan 26, 2011 1:56 PM EST up reply actions  

I like that companies like tapout are around to sponsor fighters

But I hate all this knuckle head clothing and the lifestyle it promotes. All this tap out, Ed hardy, true religion, silver star clown clothing can go fuck right off

by 1N87 on Jan 26, 2011 2:00 PM EST via mobile reply actions  

It's just a brand...

Tapout is so mainstream now, it’s sold in Kohl’s and Target.

The dress code of the douche bag changes with the times.

Have you ever noticed that anybody driving slower than you is an idiot, and anyone going faster than you is a maniac?
George Carlin

by Snatchl on Jan 26, 2011 8:21 PM EST up reply actions  

Wait … you can sue a company if you worked more than 40 hours a week and had to pay for the sports tier to get Versus?

I’m rich! I’m rich!

by Beau Dure on Jan 26, 2011 2:38 PM EST reply actions  

This should be a lesson to employers.

You can be made an example of if you don’t adhere to your own guidelines.

Follow me on Twitter @lelandroling
"Two things are infinite: the universe and human stupidity; and I’m not sure about the universe." - Albert Einstein

by Leland Roling on Jan 26, 2011 3:16 PM EST reply actions  

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