Earned Bonus

Bonus Based on Company-Wide Performance not “Earned Bonus.”  Wife appealed the trial judge’s construction of an agreement that Husband, a Fidelity employee, pay wife 30% percent of “any gross bonuses or commissions earned by him through his employment.”  Puzzlingly, the Appeals Court affirmed the judge’s conclusion that the husband’s obligation “should be measured only on the bonuses over which his performance (and that of his managed employees) is implicated, and did not include various incentive payments that were tied to the overall performance of Fidelity Company.”  If there’s a lesson here, it might be to start including language in our agreements explicitly including compensation based on company-wide performance.  Greeley v. Greeley, 85 Mass.App.Ct. 1116 (April 25, 2014) (Unpublished)