Baldwin v. National College, a Division of Dlorah, Inc.

537 N.W.2d 14, 11 I.E.R. Cas. (BNA) 297, 1995 S.D. LEXIS 112, 1995 WL 511617
CourtSouth Dakota Supreme Court
DecidedAugust 30, 1995
Docket18689
StatusPublished
Cited by17 cases

This text of 537 N.W.2d 14 (Baldwin v. National College, a Division of Dlorah, Inc.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baldwin v. National College, a Division of Dlorah, Inc., 537 N.W.2d 14, 11 I.E.R. Cas. (BNA) 297, 1995 S.D. LEXIS 112, 1995 WL 511617 (S.D. 1995).

Opinions

AMUNDSON, Justice.

National College (College) appeals from a judgment awarding Heidi Baldwin (Baldwin) damages for breach of contract. We affirm in part, reverse in part, and remand.

FACTS

Prior to December, 1992, Baldwin was employed with College as a full-time student field recruiter. Although she began her employment under a verbal contract in 1988, Baldwin signed a written employment agreement on October 17, 1991, proposed and drafted by Keith Carlyle (Carlyle), Director of Admissions. Baldwin and the other recruiters were given a copy of the proposed employment agreement to review and give their reactions to the compensation provision, which increased their wages.

The contract provided that Baldwin would receive a base salary of $20,000, plus a bonus [16]*16based on the number of students she enrolled. The bonus or “commission” was to be paid after the recruits completed four weeks of school. However, the contract provided that no “bonus” payments were to be paid if the employment agreement was terminated for any reason prior to the expiration of this four-week period.

Baldwin voluntarily terminated her employment with College on or around December 21, 1992. Baldwin claims she earned $1,600 in commissions before this termination. This figure represented Baldwin’s compensation for recruiting a certain number of students who were still enrolled after four weeks of school. Concerned whether she would receive this commission, Baldwin asked her superiors about the money. In her exit interview on December 29, 1992, Bonnie Flyte (Flyte), Baldwin’s supervisor, advised Baldwin that she would not be entitled to the commission under the contract. On January 5, 1993, Flyte incorporated her interpretation into a memorandum and sent it to Gus King (King), Academic Dean; Harold Stone (Stone), College President; and the Payroll Department.

Unsatisfied with this result, sometime in January, 1993, Baldwin had a meeting with Carlyle regarding the bonus payment. Carlyle had authority to approve bonus payments, drafted Baldwin’s contract and was her supervisor prior to November, 1992. During the meeting, Carlyle assured Baldwin she was entitled to the $1,600 bonus. Carlyle sent memoranda to King and Stone on January 18, 1993, and March 10, 1993, indicating that Baldwin was entitled to the commission.

In addition to meeting with Carlyle, Baldwin met with King, who also reassured her that she would receive the money. A series of these meetings occurred between Baldwin, Carlyle, and King after Baldwin left College. Each time, Baldwin was reassured the “check was being cut,” “[the check] would be deposited in her account when it was cut,” and for [Baldwin] “not to worry ... that it would be paid.” Despite these assurances, Baldwin.-received nothing. Frustrated with the situation, Baldwin finally sought legal counsel. College then took the position that Baldwin was not entitled to the commission.

After a trial to the court, the trial court found that Baldwin was entitled to the $1,600 commission and concluded that College’s actions were “oppressive” in refusing payment.

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Baldwin v. National College, a Division of Dlorah, Inc.
537 N.W.2d 14 (South Dakota Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
537 N.W.2d 14, 11 I.E.R. Cas. (BNA) 297, 1995 S.D. LEXIS 112, 1995 WL 511617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-v-national-college-a-division-of-dlorah-inc-sd-1995.