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Screwed out of performance bonus pay

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Mass_Shyster

Senior Member
Oh excuse me for not clicking the link, looked like a hornbook to me. But thank you for clarifying, a treatise is so much better than, you know, actual proof, particularly some that might help the original poster. (How does Corbin know johnnyx anyway? Did they summer in the Hamptons together?)

Once you show me where the OP has an enforceable employment contract that requires the payment of his bonus under the circumstances he's presented, I'll concede. Until then, it's quite obvious who the "complete idiot" is.
If Corbin had first-hand knowledge of this contract before his death in 1967, I suspect the statute of limitations has expired.

Also, Wikipedia (my secondary source of law knowledge) says a hornbook is a type of of treatise. West publishing has what they call a hornbook also titled "Corbin on Contracts"

Seattle Slew, please explain EXACTLY what distinguished a treatise from a hornbook.

Oh, and before you call me an idiot for not knowing the difference, a little research will show that I'm a well known idiot and nitwit.
 


You Are Guilty

Senior Member
If Corbin had first-hand knowledge of this contract before his death in 1967, I suspect the statute of limitations has expired.

Also, Wikipedia (my secondary source of law knowledge) says a hornbook is a type of of treatise. West publishing has what they call a hornbook also titled "Corbin on Contracts"

Seattle Slew, please explain EXACTLY what distinguished a treatise from a hornbook.

Oh, and before you call me an idiot for not knowing the difference, a little research will show that I'm a well known idiot and nitwit.
:p Spoilsport.
 

Antigone*

Senior Member
If Corbin had first-hand knowledge of this contract before his death in 1967, I suspect the statute of limitations has expired.

Also, Wikipedia (my secondary source of law knowledge) says a hornbook is a type of of treatise. West publishing has what they call a hornbook also titled "Corbin on Contracts"

Seattle Slew, please explain EXACTLY what distinguished a treatise from a hornbook.

Oh, and before you call me an idiot for not knowing the difference, a little research will show that I'm a well known idiot and nitwit.
Idiot or not Steve, I like you!! :) (((Steve))):)
 
(Sarcasam removed)
Seattle Slew, please explain EXACTLY what distinguished a treatise from a hornbook?
Westestlaw does indeed make a 1 volume Hornbook on Corbins on contracts and you get a lot of bang for the buck with it, the price is roughly $90.00 versus the actual 15 volume treatise which is updated periodically with a price of $1,335.00. I suggest a lot of posters posting on this thread invest the $90.00 and read before they embarrass themselves more than they already have

Hornbook and other law school text are very good I’m not knocking them they are written primarily for a student audience and not used for citation in court generally; this does not negate their value or importance. They give an overview of a doctrinal area. The fact a Hornbook was crafted on a secondary source such as Corbins should show the value of the Corbins treatise.

Legal treatises provide well-organized, detailed and exhaustive explanations and analyses of individual legal topics, such as contracts, torts, property, and criminal law. A treatises may be a single volume, a multi-volume set, or a loose-leaf series, and may be updated with supplements, pocket parts, or inserted pages A legal treatise is a monograph or other writing about the law, rather than a transcript of actual laws or actual cases. To describe what legal treatises are, it is necessary to state what they are not: They are not trial transcripts, state documents, collections of laws, or judicial reports. They are secondary source materials that analyze and examine the law, usually a specific law or subject area, encompassing a range of analytical, theoretical, and practical literature.

Contract law for the most part remains virtually un-codified part of the body of common law which is why no one is going to be able to cite a statute that says "you can't breach a contract" - of course anyone can breach a contract, but there are consequences.

In every employment situation where there is a prior agreement to pay for work whether it be bonus pro-pay, or whatever you want to call it there is a contract, the contract is either written or oral. An oral contract has the same force and effect as a written contract, and is fully enforceable at law and equity. The poster of the original post clearly had been paid a particular bonus in the past, which was laid out in great detail, continued to work and then the boss cut the bonus and told him about it after he had finished the work. This is a modification of their agreement. Remedy is the benefit of the bargain or quantum meruit. The employer had previously (according to the post) modified performance: postponing" the payout, which was scheduled to be a "bogey" of about 2% of your annual wages. To make us happy, they said they'd add it to this year's total. That may be legal however breaching the original terms and not paying at all is not legal under contract law.

Therefore the question before the court will be of performance of terms, not if there was a contract which the poster has clearly satisfied, and holds evidence to as well.
 
What are you talking about? Look I don't know what kind of show is being run on this site. I posted a reply to your obnoxious post mine was deleted yours is still here. Look up illusory promise on Wikipedia that seems to be a bulk of where you people are getting your information you're not even getting that right.
 
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ecmst12

Senior Member
The severence agreement was basically, we are giving you this money, and you agree that we don't owe you anything else, and won't try to sue to get more. Common, legal, and binding.
 
The severence agreement was basically, we are giving you this money, and you agree that we don't owe you anything else, and won't try to sue to get more. Common, legal, and binding.
If the employer wrote a severance check in order to escape the amount of performance pay that would be sham bargaining. A promise that is illusory can not serve as consideration.

Therefore there will be no consideration issue if the party who made the illusory promise is trying to avoid performance. In that case the judge could order the employer to pay both, or throw the severance pay out as a sham in order to avoid performance on the performance pay.
 

Zigner

Senior Member, Non-Attorney
If the employer wrote a severance check in order to escape the amount of performance pay that would be sham bargaining. A promise that is illusory can not serve as consideration.

Therefore there will be no consideration issue if the party who made the illusory promise is trying to avoid performance. In that case the judge could order the employer to pay both, or throw the severance pay out as a sham in order to avoid performance on the performance pay.
The concept of an illusory promise doesn't apply in this case. Nice try...
 
The concept of an illusory promise doesn't apply in this case. Nice try...
Well hopefully the original poster has clicked the find employment attorney feature located on every post, and is being given the proper advice. Illusory promise is not a concept it is part of basic contract law as well.

I find it odd that posters are making these blanket statements without any citation backing up their point, then on the other hand demanding that I back up mine.
 

Zigner

Senior Member, Non-Attorney
Well hopefully the original poster has clicked the find employment attorney feature located on every post, and is being given the proper advice. Illusory promise is not a concept it is part of basic contract law as well.

I find it odd that posters are making these blanket statements without any citation backing up their point, then on the other hand demanding that I back up mine.
Again, the concept you are presenting has no bearing in THIS instance. The reason YOU need to back it up is because YOU brought it up.
 
Again, the concept you are presenting has no bearing in THIS instance. The reason YOU need to back it up is because YOU brought it up.
Once an agreement with consideration is entered, and a party performs, the other party owes the consideration as agreed. Look the boss-man doesn't get to decide what he'll pay after the fact, this is so obvious no citation is needed. Nevertheless: A party injured by a breach of a contract may recover both restitution and reliance damages. See Nelson v. Hatch, 70 A.D. 206, 75 N.Y.S. 389 (1st Dept.1902), aff'd, 174 N.Y. 546, 67 N.E. 1085 (1903) and Sperry & Hutchinson Co. v. O'Neill-Adams Co., 185 F. 231 (2d Cir.1911). A party may rescind a contract if there was fraud in the inception or if there was a substantial breach. Callanan v. Powers, 199 N.Y. 268, 92 N.E. 747 (1910). for modifciation of contracts. A party cannot unilaterally change the terms of an agreement with consideration after one party has performed.other relevant sources of New York law and sit, in effect, as a New York state court. Commissioner v. Estate of Bosch, 387 U.S. 456, 465, 87 S.Ct. 1776, 1782, 18 L.Ed.2d 886 (1967).

Future wages can be reduced, of course, but not back wages. Otherwise, eveyone would get minmum wage AFTER working the first pay period no matter at what wage they were hired at.
 

Zigner

Senior Member, Non-Attorney
Once an agreement with consideration is entered, and a party performs, the other party owes the consideration as agreed. Look the boss-man doesn't get to decide what he'll pay after the fact, this is so obvious no citation is needed. Nevertheless: A party injured by a breach of a contract may recover both restitution and reliance damages. See Nelson v. Hatch, 70 A.D. 206, 75 N.Y.S. 389 (1st Dept.1902), aff'd, 174 N.Y. 546, 67 N.E. 1085 (1903) and Sperry & Hutchinson Co. v. O'Neill-Adams Co., 185 F. 231 (2d Cir.1911). A party may rescind a contract if there was fraud in the inception or if there was a substantial breach. Callanan v. Powers, 199 N.Y. 268, 92 N.E. 747 (1910). for modifciation of contracts. A party cannot unilaterally change the terms of an agreement with consideration after one party has performed.other relevant sources of New York law and sit, in effect, as a New York state court. Commissioner v. Estate of Bosch, 387 U.S. 456, 465, 87 S.Ct. 1776, 1782, 18 L.Ed.2d 886 (1967).

Future wages can be reduced, of course, but not back wages. Otherwise, eveyone would get minmum wage AFTER working the first pay period no matter at what wage they were hired at.
Nice - now tell me how a person can't agree to give up consideration from a prior contract in a new contract...

Please remember, also, this was not a unilateral change in terms.
 

Mass_Shyster

Senior Member
Once an agreement with consideration is entered, and a party performs, the other party owes the consideration as agreed.
Where in the fact pattern does it say that one party performed?

Their payout systems works like this: As a percentage of the "bogey", a "1" gives you a 125% payout, a "2" gives you 110, a "3" (typical performance) gives you 100%, a "4" (less than great) gives you 75%, a 5-zippo.
But when I got my PA, it was a 5 out of 5, a "totally unsatisfactory" rating, so I get nada!
 
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