Thompson v. Paul G. White Tile Co. Inc.
1:19-cv-00513
D.N.H.Sep 14, 2021Background
- Shaun Thompson was hired by Paul G. White Tile Co. (WTC) in Aug. 2016 as New Hampshire division manager for $185,000 salary plus 10% annual commission; dispute arose over commissions (Thompson claims >$300,000 unpaid).
- Thompson had winding-up obligations from his prior flooring business; he informed WTC and completed closure by 2017 (tax records corroborate).
- WTC alleges multiple wrongful acts by Thompson (diverting leads, misuse of company truck, improper credit-card liquor charges, etc.); Thompson disputes these and produced GPS and other evidence rebutting key allegations.
- Thompson was terminated by Paul White on Dec. 29, 2018; WTC says it fired him for lying about work attendance; Thompson says GPS and testimony show he did attend and that termination was retaliatory for pressing for unpaid commissions.
- WTC asserted counterclaims for fraud and tortious interference; the parties filed cross motions for partial summary judgment. The court granted Thompson’s motion as to WTC’s counterclaims and denied WTC’s motion as to Thompson’s wage and wrongful-termination claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of WTC's fraud counterclaim(s) | Thompson: WTC lacks evidence of intentional, material misrepresentations or detrimental reliance. | WTC: Thompson lied about winding up his business, misused truck/credit card, misrepresented likely contracts and diverted leads. | Court: Entered summary judgment for Thompson — WTC failed to present record evidence establishing fraud elements. |
| Tortious interference counterclaim | Thompson: No evidence he intentionally and improperly interfered with WTC’s contracts; project losses were not caused by his intentional acts. | WTC: Thompson allowed or facilitated diversion of projects to others (e.g., Phillips, Bolcor). | Court: Judgment for Thompson — WTC produced no admissible evidence of intentional, improper interference. |
| Wage/commission claim (RSA/chapter 275) | Thompson: Entitled to commissions (dispute over net vs. gross and amount); genuine factual disputes remain as to entitlement and calculation. | WTC: Alleged misconduct excused nonpayment of 2018 commissions; disputes over calculation. | Court: Denied WTC summary judgment — factual disputes preclude disposition; Thompson’s wage claim survives. |
| Wrongful termination/retaliation | Thompson: Terminated in retaliation for repeatedly inquiring about/pay disputes and seeking wages; protected by RSA and public policy. | WTC: Fired for lying about leaving work early; questioning management decisions not protected. | Court: Denied WTC summary judgment — reasonable jury could find termination motivated by retaliation and protected activity. |
Key Cases Cited
- Block Island Fishing, Inc. v. Rogers, 844 F.3d 358 (1st Cir. 2016) (summary-judgment standard: view record for nonmovant and draw inferences in its favor)
- Rando v. Leonard, 826 F.3d 553 (1st Cir. 2016) (definition of genuine and material factual disputes)
- Perez v. Lorraine Enters., 769 F.3d 23 (1st Cir. 2014) (opponent bearing burden must produce definite, competent evidence)
- Tobin v. Fed. Express Corp., 775 F.3d 448 (1st Cir. 2014) (speculation and hypotheticals insufficient to defeat summary judgment)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary-judgment legal standards)
- Snierson v. Scruton, 145 N.H. 73 (2000) (elements of actionable fraud)
- Hughes v. N.H. Div. of Aeronautics, 152 N.H. 30 (2005) (elements of tortious interference)
- Cloutier v. Great Atl. & Pac. Tea Co., 121 N.H. 915 (1981) (wrongful termination: bad faith/retaliation and public-policy element)