WASHINGTON-The U.S. Court of Appeals for the District of Columbia affirmed a lower court ruling dismissing a lawsuit by a former T-Mobile USA Inc. national sales manager, who claimed the No. 4 cell-phone carrier fired him to avoid paying more than $320,000 in commissions on a contract with DynCorp International.
The contract was to provide government personnel with wireless priority service in the nation’s capital and New York City following the 2001 terrorist attacks.
The D.C. Circuit heard oral argument last month. At that time, the three-judge panel sparred with Robert Kaplan’s lawyer over the relevant law of claims brought by the ex-national sales manager of T-Mobile USA. In addition to his wrongful termination claim, Kaplan argued T-Mobile USA violated contract law and the wage payment act.
A district court granted summary judgment against Kaplan on all counts last year. That ruling referenced T-Mobile USA’s assertion that Kaplan was discharged for violating company policy after allegedly giving demo phones to athletes in exchange for game tickets.
