McCollum

McCollum v. XCare. Net, Inc.

Good Law
212 F. Supp. 2d 1142·2002 WL 1755620·18 I.E.R. Cas. (BNA) 1822·2002 U.S. Dist. LEXIS 13968
United States District Court, Northern District of CaliforniaMay 31, 2002C01-1738 CWCalifornia6,244 words

Opinion

Opinion

Wilken, J.

ORDER DENYING DEPENDANT’S MOTION FOR SUMMARY JUDGMENT

Defendant XCare.net, Inc. (XCare) moves for summary judgment on Plaintiff Anne McCollum’s six causes of action. Plaintiff opposes the motion. All of Plaintiffs claims arise from the termination of Plaintiffs employment with Defendant. The matter was heard on April 19, 2002. Having considered all of the papers filed by the parties and oral argument on the motion, the Court denies the motion (Docket # 35).

BACKGROUND

In June, 2000, Defendant hired Plaintiff as its Director of eHealth Solutions for the Western Region, a sales manager position. Plaintiff was hired as an at-will employee with a base salary of $85,000. Plaintiff was also informed that she would be eligible to receive sales commissions over and above her salary in accordance with XCare’s 2000 Sales Incentive Compensation Plan (Comp Plan). For purposes of this motion, it is undisputed that the Comp Plan is enforceable as a contract between Plaintiff and Defendant. Defendant’s Memorandum of Points and Authorities in Support of Motion for Summary Judgment at 9. The Comp Plan was written by Tom Pianko, Defendant’s Senior Vice President for Sales, Marketing and Business…

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