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Jackson Hewitt Employees Allege Company Cheated Them on Commission Wages

by John C. Whitfield | Class Action | Share

Nashville, TN – A class action lawsuit was filed in federal court in New Jersey on April 15, 2016, on behalf of tax preparers across the country employed by Jackson Hewitt and its franchisees accusing Jackson Hewitt of failing to pay earned wages earned under the commission structure.

Beginning in the 2013 tax season (approximately January 2014 through April 2014) and continuing to the present, Jackson Hewitt ran a nationwide promotion that offered $50-100 gift cards for qualifying customers who hired Jackson Hewitt to complete their tax returns. The suit alleges that the total value of these gift cards each tax preparer gave to qualifying customers was then deducted from tax preparers’ revenues which lowered their earned commissions, thereby reducing their wages in violation of the tax preparers’ commission contract and/or applicable state wage and hour laws. Jackson Hewitt requires all tax preparers to give gift cards to any customer that qualifies.

Plaintiffs are represented by Gary E. Mason, John C. Whitfield, and Caroline Ramsey Taylor of Whitfield Bryson LLP; Robert W. “Joe” Bishop, John S. Friend, and Tyler Z. Korus of Bishop Korus Friend; and Philip D. Stern and Andrew T. Thomasson of Stern Thomasson LLP.

The case is Mardis et al. v. Jackson Hewitt Tax Service, Inc., 2:16-CV-02115-JLL-JAD (D.N.J. 2016). A copy of the filed Complaint is available here.

An investigation is still underway. If you worked as a tax preparer during anytime from January 2013 to the present, please fill out the short questionnaire below. If you do, a member from our team will reach out to discuss your experience and see if you may be entitled to compensation. You may also reach our team by calling (615) 921-6500 or by email to


John C. Whitfield

Founding Partner

For nearly 30 years, John has been one of Kentucky’s premier trial attorneys. He has concentrated primarily on complex civil litigation cases, and over his career has brought to settlement or judgment over 30 cases in excess of a million dollars each.

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John Whitfield has been significant in his management of a suit involving the death of my son in a motorcycle accident. His professionalism, compassion, support, and especially his knowledge base in this suit has been above reproach. He has communicated well and kept all parties apprised of the status of the suit. I feel he negotiated effectively to reach the best possible settlement for my son's estate. He certainly assures his clients are represented well. I am grateful for his successfully bringing this suit to a satisfactory conclusion. In short, John's expertise has been awesome.

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