How does this translate to a jury trial? Below is version of an instruction I suggested the Court give to the jury on this issue:
The Maryland Wage Payment and Collection Law authorizes employees and former employees to recover up to three times the amount of unpaid wages if the withholding of payment was not the result of a bona fide or good faith dispute.
If you rule in favor of the Plaintiff on his claims under the Maryland Wage Payment and Collection Law, you must determine whether the Defendant's refusal to pay the Plaintiff all or part of his earned commission, bonus, or severance was not the result of a good faith dispute.
An employer may be liable for treble damages for all or any portion of the amount claimed.
If you find that the withholding of all or part of the commission, bonus or severance was not the result of a good faith dispute, you may award up to three times the amount of the commission, bonus or severance that was not the result of a good faith dispute.
is there anywhere I could better understand the definiteion of a "bona fide" dispute where treble damages are concerned?
There is. Check this entry (you will have to cut and paste in your browser) where I posted a legal brief and jury instruction on the definition of bona fide dispute:
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