James A. Drake, Jr. v. JPS Elastomerics Corp.

Case Number
W2003-01579-COA-R3-CV

This case involves the breach of an employment compensation contract. Under the sales employee’s compensation plan with his employer, he was to earn extra commission for any sales that exceeded his annual quota. In the compensation plan, the employer reserved the right to pay only the standard commission on “windfall” sales. For the fiscal year at issue, the sales employee exceeded his quota. The employer invoked the windfall provision of his compensation plan and paid him only the standard commission on the sales over his quota. The sales employee sued his employer, arguing that he was entitled to the extra commission on the sales over his quota. On cross-motions for summary judgment, the judge ruled in favor of the plaintiff sales employee. On appeal, the defendant employer argues that the “windfall provision” applies to all sales that were unbudgeted or unforecast and that the plaintiff sales employee’s excess sales fall in that category. We hold that the defendant employer’s interpretation conflicts with the plain meaning of the contract, and affirm the decision of the trial court.

Authoring Judge
Judge Holly M. Kirby
Originating Judge
Chancellor D. J. Alissandratos
Case Name
James A. Drake, Jr. v. JPS Elastomerics Corp.
Date Filed
Dissent or Concur
No
Download PDF Version
DrakeJA.pdf28.18 KB