Beard

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JEROME BEARD, Plaintiff, No. C 18-06783 WHA

v.

INTERNATIONAL BUSINESS GRANTING IN PART AND DENYING MACHINES CORPORATION, IN PART DEFENDANT'S MOTION

FOR SUMMARY JUDGMENT

Defendant.

16 INTRODUCTION In this employment action arising out of a dispute over commission payments, defendant moves for summary judgment. For the reasons stated herein, defendant’s motion is GRANTED IN PART AND DENIED IN PART. STATEMENT This employment case is a dispute over commissions, not over termination or failure to promote. Plaintiff Jerome Beard is an African-American who began working as a software sales representative for defendant International Business Machines Corp. in 1983. Throughout his career with IBM, Beard has received numerous accolades for his work, including “The Best of IBM.” Starting in 2008, Beard started selling IBM software through a contract vehicle called Embedded…