Lucian

Lucian v. All States Trucking Co.

Good Law
116 Cal. App. 3d 972·171 Cal. Rptr. 262·1981 Cal. App. LEXIS 1562
Court of Appeal of CaliforniaJanuary 27, 1981Docket Nos. 45085, 45086, 45301California1,487 words

Opinion

Opinion

Taylor, J.

— In these consolidated appeals, which arise from three actions, each brought by a former long-term employee against his former employer for payment of a share of the profits earned by each for the year 1974 under “incentive plans,” the only question is whether the trial court properly granted a summary judgment. For the reasons set forth below, we have concluded that the judgments must be affirmed.

The underlying facts are not in dispute: Each former employee was a long-term executive employee of one of the defendant-employers and each worked a portion of the year in issue, 1974. Each sought his right to a payment of the share of profits as earned “wages” pursuant to Labor Code section 200.

Lucian’s and Messenger’s plans contained the following provision: “An employee who voluntarily leaves the company will not be entitled to any further or year end payments under the Plan.” (Italics added.) The parallel provision in Long’s plan read as follows: “3. An employee who voluntarily leaves the Company will receive his incentive check providing he works the entire accounting period following the period in which his check was earned. If a check should be sent to a participant…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.