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HIGHHOUSE v. MIDWEST ORTHO. INSTITUTE, P.C.

No. 89S01-0308-CV-386.

807 N.E.2d 737 (2004)

Michael E. HIGHHOUSE, M.D., Appellant (Plaintiff below), v. MIDWEST ORTHOPEDIC INSTITUTE, P.C., Appellee (Defendant below).

Supreme Court of Indiana.

May 5, 2004.

Attorney(s) appearing for the Case

Jeffrey R. Gaither, T. Joseph Wendt, Indianapolis, IN, Attorneys for Appellant.

Karl L. Mulvaney, Nana Quay-Smith, Candace L. Sage, Norris Cunningham, Indianapolis, IN, Attorneys for Appellee.

BOEHM, Justice.

We hold that a bonus calculated on the basis of both the employee's production and also the expenses of the overall business is not a "wage" governed by the Indiana Wage Payment Statute.

Factual and Procedural Background

In 1996, Midwest Orthopedic Institute, P.C. ("MOI") employed Dr. Michael Highhouse ("Highhouse") as an orthopedic surgeon. The "Employment Agreement" called for a base annual salary of $250,000 payable monthly and...

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