Bettinger temp service

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Develop services with added value using your online access,search for correct information,check the contact details of an applicant,validate all of the data related to incoming and outgoing calls,etc. When Mr. Bettinger declined to alter his position, plaintiff retained counsel. Further attempts to negotiate an amicable resolution of the controversy were unsuccessful. Eventually, plaintiff was given a firm deadline for accepting the new commission arrangement.

She refused to agree, and resigned from the defendant's employ as of April 10, Plaintiff was paid commissions in accordance with the new schedule from January 1, , until the date of termination. Even under the new schedule, however, plaintiff would have continued to be the highest-paid employee in the temporary division. Plaintiffs Claims for Breach of Contract Plaintiff claims that the defendant's unilateral modification of the commission schedule, and her "constructive discharge" for refusing to accept it, amounted to breaches of her contract of employment.

It is clear, of course, that in the absence of an express agreement to the contrary, an employer is free to determine the terms and conditions of employment, and may terminate the relationship at will. By the same token, if an employee is dissatisfied with the terms offered by the employer, the employee is free to resign.

The question therefore is whether there was an enforceable contract between plaintiff and defendant which produces a different result in this case. Before agreeing to return to the defendant's employ in February , plaintiff prepared and submitted to Mr. Bettinger a two-page document which she now relies upon as constituting her contract of employment.

Although Mr. It is nevertheless clear, as a matter of law, that the defendant did not breach this contract. Most of the document in question is devoted to the "nuts and bolts" of plaintiff's job description and responsibilities, her concept of how the job should be performed, various prospective personnel changes, and plaintiff's precise relationship with other employees. So far as the record discloses, all of these minutiae either became reality or became irrelevant.

For present purposes, we are concerned only with the provisions of the contract which may be said to have a bearing upon the duration of plaintiff's employment and the terms of plaintiff's compensation. The contract does not purport to provide any specific term of employment. Plaintiff concedes that, therefore, she has always been an "at will" employee. Moreover, to the extent that the contract can be said to contemplate at least a reasonable duration of employment, there can be no doubt that the period of reasonableness has long since expired.

The only provisions relating to plaintiff's compensation and commission schedule are those which may be derived from the following language: "9. The following is the salary and commission schedule I feel I will require as the Branch and the dollar volume stands now in center city, and for the additional dollar volume I feel sure I will help to add for the expansion of the business in the future. This is based on no less than three inside people not including bookkeeping or Permanent staff, receptionists and secretarial and clerical support, etc.

It is also based on two outside people which includes Carl Berke's replacement. Then and only then we can negotiate, on what a reasonable cut in my commission or salary can be. This agreement also refers to any fringe benefits like insurance, etc. Plainly, the initial commission schedule was not fixed and immutable; and the employer's agreement to negotiate in the future does not bind the employer to accept any particular future proposal.

The undoubted right to terminate an at-will contract necessarily includes the right to insist upon changes in the compensation arrangements as a condition of continued employment. I therefore conclude, as a matter of law, that plaintiff cannot prevail upon her breach-of-contract claims. Plaintiffs Claims of Discrimination Plaintiff was 42 years of age when she left defendant's employ in April I perceive no arguable merit in any of these claims, nor any triable issues of fact pertaining to them.

For present purposes, I shall assume that, if plaintiff had been appointed to this position, it would have amounted to a promotion, since it apparently entailed additional managerial responsibilities and, arguably, a slightly higher perch on the executive ladder; it should be noted, however, that the new position paid considerably less than plaintiff's existing position. Be that as it may, there are at least two reasons why plaintiff cannot prevail on the promotion issue.

In the first place, the alleged discrimination occurred in April Any discrimination which may have occurred before October 25, , is not actionable, given the day limitations period. In terms of conventional employment-discrimination jurisprudence, it can be stated either that plaintiff did not meet an essential qualification for the position since she was not the owner's son and therefore cannot establish a prima facie case; or that the employer has established, beyond dispute, a non-discriminatory justification for the choice that was made.

In short, an employer does not violate Title VII or any other anti-discrimination statute by grooming his son to take over the business. Plaintiff's other claims of discrimination are equally vulnerable. Plaintiff conceded, in her deposition, that she resigned because of the reduction in her commission arrangement, and that, if she had been willing to accept the new schedule, she could have continued in the defendant's employ.

On this record, no rational fact-finder could properly conclude that age or sex discrimination tainted the defendant's decision to reduce plaintiff's compensation schedule. The employer's justification for the change to maintain an appropriate relationship between plaintiff's compensation and the results of her efforts, to rationalize the compensation schedule in light of the changed circumstances, to preserve the morale of other similarly situated employees, and to head off a potential, undeserved, windfall for plaintiff is eminently reasonable, and plaintiff has offered nothing to dispute it.

After plaintiff resigned, at least some of her duties were assumed by a female employee who is older than plaintiff. It is perhaps arguable that some of the functions previously performed by plaintiff were taken over on a temporary basis by Jeffrey Bettinger. Plaintiff would therefore face a virtually insurmountable obstacle in attempting to make out even a prima facie case of discriminatory discharge.

In any event, it is undisputed that the sole reason for plaintiff's departure was her dissatisfaction with the new commission arrangement, the non-discriminatory justification for which is, as noted above, really beyond question. Plaintiff's Equal Pay Act claims fail for the rather obvious reason that there is absolutely no evidence, or possibility thereof, that plaintiff was paid less than similarly situated males or younger persons.

Plaintiff was paid more than anybody else, and there was no truly comparable position in any event. Conclusion For the foregoing reasons, the defendant is entitled to summary judgment on all of plaintiff's claims. Judgment will therefore be entered in favor of the defendant.

In any event, it is clear that plaintiff acquiesced in the compensation arrangement, and that the statute of limitations precludes any present assertion that she was not properly paid for those years. Search this Case.

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