WESTHEIM v. ELKAY INDUS., INC.


166 A.D.2d 318 (1990)

Jerome Westheim et al., Appellants, v. Elkay Industries, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 23, 1990


Plaintiffs were salaried employees of defendant. Beginning in the fall of 1986, in addition to their salaries, plaintiffs were orally promised a bonus equal to 2% of the sales above quota. Despite this, plaintiffs were not paid the full bonus for either the "fall-holiday 1986 season" (the period from July through December 1986) or the "spring-summer 1987 season" (the period from January to June 1987). Plaintiffs voluntarily terminated their employment near the end of the...

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