GERAS v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 10-1352.

638 F.3d 1311 (2011)

David GERAS, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 18, 2011.


Attorney(s) appearing for the Case

Robert M. Liechty of Cross Liechty Lane PC, Greenwood Village, CO, for Plaintiff-Appellant.

Thomas G. Mackey of Jackson Lewis LLP, Los Angeles, CA ( Jennifer S. Harpole of Jackson Lewis LLP, Denver, CO, with him on the brief), for Defendant-Appellee.

Before LUCERO, McKAY, and GORSUCH, Circuit Judges.


McKAY, Circuit Judge.

Plaintiff David Geras, a former employee of Defendant IBM, appeals from the district court's Rule 12(b)(6) dismissal of his contract claims against IBM for commission payments and separation pay. The district court concluded that Plaintiff's contract claim for commission payments failed because IBM's employee incentive plan did not constitute an enforceable contract. As for Plaintiff's claim for separation pay, the court concluded that Plaintiff...

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