An Employer Wins – But Barely


April Dodge viewed her employer’s power point presentation explaining her new commission structure. She then successfully sold her employer’s product. When the commissions she expected were absent, she sued her employer, CDW Government, Inc., claiming a breach of contract, based upon the power point presentation. While she convinced the lower court to rule in her favor, the employer appealed and just recently won a reversal. Dodge v. CDW Government, Inc. NO. 10-1406 The court’s opinion is music to a management lawyer’s ears – until the ending, which rings a cautionary note.

The court ruled that even though the employer provided a power point demonstration citing the new commission structure, the power point “did not amount to an offer to enter into a contract, but the announcement of a nonbinding intention.” That sounds like good news for the employer.

However, even though the court ruled that no contract was created – citing the company’s handbook’s ‘this is not a contract’ disclaimer — the court seemingly went out of its way to chide the employer and provide cautionary advice. The opinion notes that the employer’s “failure to make good on its intention may hamper its efforts to attract and motivate sales managers.” More significantly, the court noted that the power point may give rise to a claim based on quantum meruit.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sands Anderson PC | Attorney Advertising

Written by:


Sands Anderson PC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.