Mannino v. Lazerpro Inc.

76 Pa. D. & C.4th 526
CourtPennsylvania Court of Common Pleas, Centre County
DecidedOctober 11, 2005
Docketno. 2001-506
StatusPublished

This text of 76 Pa. D. & C.4th 526 (Mannino v. Lazerpro Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Centre County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mannino v. Lazerpro Inc., 76 Pa. D. & C.4th 526 (Pa. Super. Ct. 2005).

Opinion

BROWN JR., P.J.,

Presently before the court is a two-count complaint filed by plaintiff Vincent Mannino. Upon consideration of evidence presented at a non-jury trial, and written argument submitted by the parties, the court finds in favor of defendant.

PROCEDURAL HISTORY

Plaintiff filed a two-count complaint on March 7,2001. In the complaint, plaintiff asserts a claim for damages and an injunction restraining defendant Lazerpro Inc. from enforcing the provisions of a restrictive covenant contained in defendant’s employment agreement. On April 6, 2001, defendant filed an answer to plaintiff’s complaint along with new matter and counterclaims.

On May 22, 2001, defendant filed a petition for preliminary injunction and permanent injunction, requesting the court to determine the covenant-not-to-compete barred plaintiff from being employed as a sales representative with certain corporations. On May 31, 2001, after a hearing on defendant’s petition for a preliminary injunction and permanent injunction, the court found the covenant-not-to-compete to be enforceable. However, the [528]*528court did not determine Count 1, breach of contractual relationship, of plaintiff’s complaint, or defendant’s counterclaims regarding damages.

A non-jury trial on the remaining issues dealing with damages resulting from breach of the employment contract was held before this court on June 9, 2005. Both parties submitted proposed findings of facts and conclusions of law for the court’s consideration.

FINDINGS OF FACT

(1) Plaintiff is a former employee of defendant Lazerpro Inc. Plaintiff began employment with defendant on August 9, 1999, after the parties entered into a written contract. Plaintiff voluntarily terminated his employment with defendant in February 2001.

(2) Defendant is in the business of website designs, e-commerce solution, video production and general network solutions.

(3) Plaintiff was hired as a salesman in charge of business development for defendant. Plaintiff was responsible for soliciting orders for web page design and other products available for sale and distribution by defendant in the central Pennsylvania region.

(4) The contract agreement between plaintiff and defendant stated plaintiff would receive a salary draw of $33,000 per year.

(5) Under the agreement, plaintiff would receive 25 percent commission on all sales made on behalf of defendant. Further, plaintiff would receive a bonus of $1,000 for gross sales in excess of $100,000 within a 12-month period.

[529]*529(6) The agreement contained a covenant-not-to-compete clause, which this court found to be enforceable by an opinion and order dated May 31, 2001.

(7) During plaintiff’s employment with defendant, disagreements ensued between plaintiff and defendant regarding when plaintiff was to receive a 25 percent commission on sales.

(8) Plaintiff met with defendant’s CEO, Dan Meyers, on several occasions requesting payment of commissions plaintiff believed were due to him.

(9) Plaintiff voluntarily terminated his position with defendant in February 2001.

(10) Plaintiff undertook employment with Micros and More Inc. Micros and More Inc. is engaged in the business of building network and computer systems for businesses and corporations.

(11) Plaintiff was employed with Micros and More for approximately two weeks. Plaintiff’s employment was terminated when defendant advised Micros and More Inc. plaintiff was subject to a two-year employment agreement with defendant based upon a noncompetition clause contained in the employment agreement.

(12) Plaintiff has since sought employment in the Harrisburg area.

CONCLUSIONS OF LAW

(1) To present a claim for wages due, a plaintiff must prove he was contractually entitled to compensation and was not paid. Sullivan v. Chartwell Investment Partners, 873 A.2d 710 (Pa. Super. 2005).

[530]*530(2) In a contract action, the burden of proof is on the party alleging breach or default. East Texas Motor Freight, Diamond Division v. Lloyd, 335 Pa. Super. 464, 484 A.2d 797 (1984).

(3) For a plaintiff to successfully maintain a cause of action for breach of contract, the plaintiff must establish (1) the existence of a contract including the assent to terms; (2) breach of duty imposed by the contract; and (3) resultant damages. Gorski v. Smith, 812 A.2d 683, 692 (Pa. Super. 2002).

DISCUSSION

I. Plaintiff’s Complaint

Plaintiff maintains defendant materially breached the employment contract with plaintiff by failing to pay 25 percent on commissions due plaintiff. In a claim for breach of contract, plaintiff must establish that a contract exists between the two parties, that defendant breached its duty as set forth in the contract and that plaintiff is entitled to damages. Gorski v. Smith, 812 A.2d 683, 692 (Pa. Super. 2002). When a party to a contract seeks to enforce the agreement, or to recover damages for breach of the agreement, that party must prove he has performed all of his own obligations under the contract. Nikole Inc. v. Klinger, 412 Pa. Super. 289, 603 A.2d 587 (1992).

Plaintiff presented the court with an employment contract between himself and defendant, signed by both parties. Attachment B to the employment contract provides the commission structure as per the agreement between the parties. Under the contract, plaintiff was to receive [531]*53125 percent on gross sales, along with a bonus of $1,000 for gross sales over $100,000.

Plaintiff maintains he approached Mr. Meyers on numerous occasions requesting payment of commissions due. Plaintiff alleges he was told by Mr. Meyers the company lacked sufficient funds to make payroll, therefore, plaintiff could not be paid the commissions due him. Further, plaintiff alleges Mr. Meyers was deleting sales from the computer database designated as plaintiff’s sales.

According to the employment contract, and Mr. Meyers’ testimony, plaintiff’s pay was based upon commissions, which were paid out in the form of a draw. The agreement provided, “should employee not meet anticipated sales goals, employee will pay back to Lazerpro the amount which was not realized through commissions.” See attachment B to employment contract. Defendant argues plaintiff failed to become entitled to payment of sufficient commissions to collect on his draw. Mr. Meyers testified plaintiff was paid $11,054.43 over his commissions at the time plaintiff terminated his employment with defendant.

Plaintiff was not able to present the court with sufficient evidence to support his allegations. Plaintiff based his argument on a list of invoices which plaintiff testified was not even a final list of amounts that customers paid.

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Related

East Texas Motor Freight, Diamond Division v. Lloyd
484 A.2d 797 (Supreme Court of Pennsylvania, 1984)
Sullivan v. Chartwell Investment Partners, LP
873 A.2d 710 (Superior Court of Pennsylvania, 2005)
Gorski v. Smith
812 A.2d 683 (Superior Court of Pennsylvania, 2002)
Nikole, Inc. v. Klinger
603 A.2d 587 (Superior Court of Pennsylvania, 1992)
Hanrahan v. Audubon Builders, Inc.
614 A.2d 748 (Superior Court of Pennsylvania, 1992)

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Bluebook (online)
76 Pa. D. & C.4th 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mannino-v-lazerpro-inc-pactcomplcentre-2005.