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CARUSO v. ALLNET COMMUNICATION SERVS., INC.

242 A.D.2d 484 (1997)

662 N.Y.S.2d 468

Gabrielle Caruso, on Behalf of Herself and Similarly Situated Former Employees of Allnet Communication Services, Inc., Appellant, v. Allnet Communication Services, Inc., Respondent. Gabrielle Caruso, on Behalf of Herself and Similarly Situated Former Employees of Allnet Communication Services, Inc., Appellant-Respondent, v. Allnet Communication Services, Inc., Respondent-Appellant

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

September 23, 1997

In this action by a sales representative to recover allegedly earned compensation from her former employer, the IAS Court properly eschewed reliance on the labelling of certain items of compensation in defendant's compensation plan documents as "bonuses" in favor of a determination based upon whether or not the compensation was discretionary and forfeitable as opposed to vested and mandatory (see, Mirchel v RMJ Sec. Corp...

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