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MARTIN v. DHL EXP. (U.S.A.), INC.

070100622; A139225.

234 P.3d 997 (2010)

235 Or. App. 503

Anthony MARTIN, Plaintiff-Appellant, v. DHL EXPRESS (U.S.A.), INC., an Ohio corporation, dba DHL Express, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 9, 2010.

Attorney(s) appearing for the Case

Jon M. Egan, Lake Oswego, argued the cause and filed the briefs for appellant.

Richard R. Meneghello, Portland, argued the cause for respondent. With him on the brief was Fisher & Phillips LLP.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

Plaintiff was a district sales manager for defendant, DHL Express, Inc., and was terminated, according to defendant, for poor performance. Plaintiff brought this action, arguing that defendant breached the parties' employment contract by not paying plaintiff a commission that was due and owing at the time of his termination. Defendant countered that the "commission" was, in fact, a bonus, and that plaintiff had no right to any payment; according to defendant...

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