Smith v. Idaho Peterbilt, Inc.

WALTERS, Chief Judge.

Idaho Peterbilt, Inc. appeals from a judgment awarding treble damages against it under I.C. § 45-615(4) for unpaid wages due its former employee, Ron Smith. Peterbilt raises two issues. First, in deciding liability, was the trial court required to make a determination that commissions owed by Peterbilt to Smith had been withheld “wrongfully” by Peterbilt? Second, did the trial court err in holding that only an actual tender by Peterbilt to Smith, of the unpaid commissions found due, would preclude an award of treble damages under I.C. § 45-615(4)? We hold the court was…