Cook v. Coldwell Banker/Frank Laiben Realty Co.

967 S.W.2d 654 (1998)

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Nature of the Case

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Facts

Cook (P) was a licensed real estate agent who worked for Coldwell Banker/Frank Laiben Realty Co. (D) as an agent under a verbal agreement. In a sales meeting, D orally announced a bonus program that provided that an agent earning $15,000 in commissions would receive a $500 bonus payable immediately. Agents earning $15,000 to $25,000 would receive a 22 percent bonus and an agent earning above $25,000 would receive a 30 percent bonus. Bonuses over the first $500 were to be paid on an annual basis, and the program would run for the year 1991 and would continue on an annual basis thereafter. P did quite well with the program and had surpassed $32,400 in commissions by September. At a sales meeting in September D indicated that the bonuses would be paid at a banquet in March and that the salespeople had to be there in order to collect. P was contacted by REMAX and accepted a position with them in January 1992. P told D of her departure, and at that time P had accrued a bonus of $17,391.54. In March 1992, P sent a demand letter to D seeking payment of her bonus. D did not pay it. P then filed an action against D, and the jury returned a verdict for P of $24,748.89. D appealed.