市場香港 - Market Hong Kong - 臺灣市場 - 美國市場 - Lawsuit - Greensboro, North Carolina - One to One Marketing - Mass Customization - Health and Nutrition


市場香港 - 美國市場
臺灣市場, 是一個產品傳銷和網絡銷售公司, 其營銷特點是個人一對一市場銷售並不斷擴大客戶的營銷方式.
臺灣市場是一個很有聲譽的公司, 自稱是一個沒有圍牆的大型市場, 臺灣市場的一位前任職員曾抱怨說這種沒有圍牆的大型市場的根基正在趨於裂痕.
Steve Sawyer 是前任美國市場公司的網絡銷售及培訓部主任, 兼網絡銷售部經理, 於 2006 年三月三日, 在北卡洛林納州高級法院申請控告美國市場公司, 其狀告和傳票如下:
請點擊以下各項, 閲讀或下載:
Market Hong Kong - Market America
Market Hong Kong will be a product brokerage and Internet Marketing company,
specializing in One to One Marketing and Mass Customization.
Market America was a good company and prided itself on being
like a mall but without walls. One of Market America's former Directors
is complaining that the mall's foundation may be developing cracks.
Steve Sawyer, formerly Director of Internet Sales and Training, with
Market America, and more recently Internet Sales Manager, filed a
lawsuit against Market America in The General Court of Justice,
Superior Court Division, in Greensboro, Guilford County, North Carolina
on March 3, 2006. Sawyer's Complaint and the Summons is set out below:
Click here for an update on the Lawsuit
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Lawsuit - Complaint Civil Summons    

NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION
GUILFORD COUNTY 06 CvS 4430
   
STEVE SAWYER, Plaintiff,  
v. COMPLAINT
MARKET AMERICA, INC., Defendant.  
   

THE PLAINTIFF, complaining of the defendant, avers:

GENERAL ALLEGATIONS
1. The plaintiff Steve Sawyer ("Sawyer") is a citizen and resident of Aloha, Oregon.
2. Upon information and belief, Market America, Inc. ("Market America") is a corporation, organized and existing under the laws of the State of North Carolina, with a principal place of business in Greensboro, Guilford County, North Carolina.
3. During the period December 1, 2004 through January, 2006, Sawyer worked as Internet Sales Manager for Market America. Pursuant to agreement, Market America provided written notice of termination of Sawyer's employment, effective as of the end of February, 2006, and waived work by Sawyer during February, 2006.
4. Market America agreed to compensate Sawyer for his services at the rate of $4,166.67 per month, plus an honorarium fee for specific speaking engagements mutually agreed upon by the parties, and certain expense reimbursements. Additionally, Market America agreed to pay Sawyer a $10,000 bonus for causing Market America Internet sales to reach an approved Conservative Goal of $4,687,732 and an additional $15,000 bonus for causing Market America Internet sales to reach an approved Aggressive Goal of $5,231,844 for calendar year 2005.
5. Sawyer remained under contract and performed work for Market America as Internet Sales Manager for the entire year for calendar year 2005.
6. Market America's Internet sales for 2005 exceeded the approved Aggressive Goal of $5,231,844.
7. Sawyer met prescribed performance objectives and is entitled to bonuses totaling $25,000 ($10,000 for achieving Conservative Goal and $15,000 for achieving Aggressive Goal) for work he performed in calendar year 2005.
8. Although Sawyer worked for and provided services to Market America in January, 2006, Market America has not made payment to Sawyer in the sum of $4,166.67 for these services.
9. Although Sawyer was ready, willing and able to work for Market America through February, 2006, Market America gave notice and waived that obligation, in writing. Sawyer has invoiced Market America for February, 2006, in the agreed upon sum for $4,166.67. Upon information and belief, Sawyer believes that Market America will not honor its obligation to pay Sawyer for work performed in February, 2006.
FIRST CLAIM FOR RELIEF
(Breach of Contract)
10. The plaintiff hereby incorporates by reference all of the allegations set forth in paragraphs 1 through 9 of this Complaint as if herein fully repeated by reference thereto.
11. Market America's failure and refusal to pay Sawyer his earned bonuses for Internet sales goals achieved for calendar year 2005 constitutes a breach of contract, entitling Sawyer to have and recover from Market America $25,000, plus interest from January 10, 2006 until paid.
12. Market America's failure and refusal to pay Sawyer the agreed upon figure of $4,166.67 for work performed during January, 2006 constitutes a breach of contract, entitling Sawyer to have and recover from Market America the sum of $4,166.67, together with interest from February 10, 2006 until paid.
13. In the event Market America does not pay to Sawyer the agreed upon sum of $4,166.67 for February, 2006, such failure will constitute a breach of contract, entitling Sawyer to have and recover from Market America the sum of $4,166.67, together with interest from March 10, 2006 until paid.
SECOND CLAIM FOR RELIEF
(Violation of the Wage Payment Provisions of the North Carolina Wage and Hour Act)
14. The plaintiff hereby incorporates by reference all of the allegations set forth in paragraphs 1 through 13 of this Complaint as if herein fully repeated by reference thereto.
15. Market America "suffered or permitted" Sawyer to work during the period December 1, 2004 through January, 2006, as that phrase is used in § 95-25.2(3) of the North Carolina General Statutes. Market America waived, in writing, work by Sawyer during February, 2006.
16. Market America employed Sawyer during the period December 1, 2004 through January, 2006, within the meaning of "employ" as that term is defined in § 95-25.2(3) of the North Carolina General Statutes.
17. During the period December 1, 2004 through February, 2006, Sawyer was an "employee" of Market America within the meaning of that term as defined in § 95-25.2(4) of the North Carolina General Statutes.
18. Market America was the "employer" of Sawyer during the period December 1, 2004 through February, 2006 within the meaning of that term as defined in § 95-25.2(5) of the North Carolina General Statutes.
19. The aforesaid bonuses of $25,000 and monthly compensation of $4,166.67 owed by Market America to Sawyer constitute "wages" within the meaning that term as defined in § 95-25.2(16} of the North Carolina General Statutes.
20. Market America's failure and refusal to pay to Sawyer the aforesaid bonuses of $25,000 and monthly compensation of $4,166.67 constitutes a violation of § 95-25.7 of the North Carolina General Statutes.
21. Pursuant to the provisions of § 95-25.22 of the North Carolina General Statutes, Sawyer is entitled to have and recover from the defendant unpaid but accrued bonuses in the amount of $25,000, plus $4,166.67 for work performed during January, 2006, and $4,166.67 for February, together with interest, liquidated damages, and attorneys' fees.
WHEREFORE, plaintiff prays to have and recover of the defendant the sum of $25,000 in earned but unpaid bonuses together with interest at the legal rate from January 10, 2006 until paid, $4,166.67 for work performed in January, 2006, together with interest at the legal rate from February 10, 2006 until paid, and $4,166.67 for February, 2006, together with interest at the legal rate from March 10, 2006 until paid; that the plaintiff have and recover from the defendant liquidated damages equal to the aforesaid principal amounts; that the costs of this action, including a reasonable attorney's fee for counsel for the plaintiff, be taxed against the defendant; and that the Court grant to the plaintiff such other and further relief as to the Court may seem just and proper.
This the 3_ day of March, 2006.
Kenneth R. Keller
Attorney for Plaintiff
OF COUNSEL:
CARRUTHERS & ROTH, P.A.
P.O. Box 540
Greensboro, NC 27402
Telephone: (336) 379-8651
DEMAND FOR JURY TRIAL
The plaintiff hereby demands a trial by jury on all of the issues raised by the pleadings in this action.
Lawsuit Update:

On Monday, April 23, 2007, the trial court advised Steve Sawyer's lawyer and Market America's legal team that the trial would commence at 1:30 p.m. on Tuesday, April 24th.  Pending motions in the case were to be heard first and then the jury would be picked.  On Tuesday the Judge heard arguments on the preliminary motions.  One of the motions heard was Market America’s motion for a partial summary judgment which, basically, was a request that Steve Sawyer’s 2nd claim against Market America be dismissed.  This claim alleged that the services that Steve’s performed under his contract with Market America constituted an employee – employer relationship under the North Carolina Wage and Hour Act.

Market America’s motion claimed that this cause of action was not available to Steve as he was not a resident of the State of North Carolina. Market America’s legal team argued that the provisions of the North Carolina Wage and Hour Act were only available to North Carolina residents and Steve was a resident of the State of Oregon during the time he performed under his contract with Market America.  The trial judge was advised that, while the North Carolina Wage and Hour Act was adopted in 1937, this issue had never been decided by the appellate courts of North Carolina.  After hearing arguments pro and con from the attorneys, the trial court decided to grant Market America’s motion for partial summary judgment on this claim.
The judge advised both sides that the contract claim could either proceed to trial the next day or be postponed until Steve’s lawyer could appeal the court’s ruling on the residency issue.  If the appellate courts overruled the judge’s decision then both causes of action could be tried when the case was ultimately heard.  If the appellate courts affirmed the judge’s ruling then just the contract claim would be heard.  This would, depending on the appellate court’s decision, save having two trials.  On Wednesday morning Steve’s lawyer advised the court that Steve had decided to appeal the court’s ruling and would like the case postponed until the appellate courts could rule on this issue, which had never been decided by the North Carolina appellate courts.  Market America’s legal team offered no objection with this decision and the court postponed the trial until the appeal could be heard.
Steve is hopeful that the North Carolina appellate courts rule that the provisions of the North Carolina Wage and Hour Act are available to non-residents so that this claim can be heard on its merits.  Steve would like you to know that, if all of the North Carolina trial judges are like Judge John Craig, North Carolina can be very proud of its trial bench.  He has, and exhibited, all of the fine traits that the public hopes to find in a member of the bench.
Steve, who is extremely disgruntled, will keep you posted as this case progresses through the courts.
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