The 10th Circuit on Monday issued one published opinion and three unpublished opinions.
In Geras v. International Business Machine, Plaintiff Geras, a former employee of defendant IBM, appealed from the district court’s dismissal of his contract claims against IBM for commission payments and separation pay. Plaintiff alleged IBM owed him for commissions and separation pay when he left IBM’s employment based on IBM’s incentive plan. IBM argued the plan created no enforceable contract to pay commissions. The issue on appeal was whether IBM’s incentive plan constituted an enforceable promise to pay commission. The Court affirmed the dismissal of plaintiff’s claim holding that IBM’s incentive plan did not create an enforceable contract. The10th Circuit also dismissed plaintiff’s claim for separation pay, because that claim was dependent on his contract claim.