Michael A. Weiner v. Diebold Group

In September 1973, the plaintiff was hired by John Diebold and Associates (JD&A), a division of The Diebold Group engaged primarily in information management consulting, as an associate consultant. He signed an employment contract which provided that his employment with JD&A would continue indefinitely until terminated by either party upon fourteen days' notice. In 1978, the plaintiff was promoted and made a director of the JD&A division. He was informed by the division's president, Mr. Freiser, that he was then eligible for the firm's incentive compensation plan. Under the plan, each participant would be paid an annual sum in addition to his base pay, calculated upon the division's revenue and the amount thereof attributable to the individual participant's performance. Payment of the sum was deferred, with half being paid at the end of the calendar year to which the sum applied, and the remaining 50% being paid in four equal installments over the course of the following year. It was the defendants' policy that the payment of the second 50% was contingent on continued employment with the firm.