Peak
Peak v. Tigergraph, Inc.
Opinion
Trial Court Opinion
I. Factual Background
The following background is taken from the allegations in Peak’s Complaint [#1] and the referenced employment agreement and compensation plans. TigerGraph is an information technology company headquartered in Redwood City, California. Compl. ¶¶ 7, 11 [#1]. On January 9, 2018, TigerGraph hired Peak, who is a resident of Massachusetts, as a regional sales director. Id. at ¶ 15; Employment Agreement ¶ 1 [#14-1]. Peak’s employment agreement stated that his position was a full-time position located in Massachusetts, that he would be paid a base salary and “variable compensation” in the form of a commission based on annual sales targets, and that his employment was “at will.” Employment Agreement ¶¶ 1-2, 6 [#14-1]. It also included a forum-selection clause and a choice-of-law provision. Id. at ¶ 8. Peak attempted to negotiate this portion of the employment agreement, but TigerGraph was unwilling to modify the language. Compl. ¶¶ 16–17 [#1]. Peak and TigerGraph
executed the agreement without modification. Id. at ¶ 18. When Peak started at TigerGraph, his commissions were determined by the FY 2018 compensation plan. Compensation Plans 2-6 [#14-2]. In August 2018,…