74 Ind. App. 462 | Ind. Ct. App. | 1920
This was an action to recover a bonus brought by appellee against appellant.
It appears by the special findings that appellee, on March 12, 1917, entered the employ of appellant, a manufacturing corporation, with an express agreement and understanding that wages were to be paid to appellee at the rate of twenty cents per hour, with further conditions hereinafter set out. On January 13, 1917, appellant caused the following notice to be posted in at least three places in the factory:
“During the year 1917, the Orton-Steinbrenner Company will divide equally with its employees all excess profits remaining after 7% dividend on the total capital invested. The 7% dividend will be*465 based on the inventory of Dec. 31, 1916, and will be calculated on the preferred stock which may be sold throughout 1917, the common stock (all of which is now sold), and the surplus as shown in the inventory. Half the remaining profits will be divided among the employees of the company, the share of each being determined as follows: The total wages of each employee in the service of the company on January 13, 1917, shall be multiplied by 1.2. The total wages of each employee beginning service prior to July 1, 1917, but not in the employ Jan. 13, 1917, shall be multiplied by 1.1. The total wages of each employee beginning service on or after July 1, 1917, shall be multiplied by 1.
“Each employee shall then be allotted a share of the available employees’ part of the profit in the direct proportion that his product as above determined bears to total payroll increased as above provided he has met the following conditions:
“1. He must have worked 600 hours actual time for this company during 1917.
“2. He must work at least two weeks after resigning his position, if desired by those in charge.
“3. If not in the employ of the company on Dec. 31, 1917, he must have sent-the company’s office, either at Huntington’ or Chicago, the full address for forwarding his share so as to reach the office between December 25th and January 5th.
“4. He must have been in regular employ of the company and not temporarily employed for some specific job.
“The above plan for division of profits is purely .voluntary on the part of the company and it is in no sense a contract. The fact that any employee is receiving, the benefits of this plan shall not deprive the company of the right at any time to discharge such employee and thereby terminate his participation under the plan, nor shall any employee acquire any right thereunder to demand an accounting by the company concerning its business or profits.
“Distribution of profits will be made between January 5th and January 25, 1918. Should- the employees’ share of the profits amount to more than 25 per cent, of the yearly payroll, the company shall,*466 however, have the option of withholding payment of the balance for not to exceed six months, paying interest at the rate of 7% per annum from January 25th.
“Orton & Steinbrenner Company.”
At the time of employment of appellee, appellant’s superintendent, who had charge of the employment of labor, stated to appellee that it was the policy of the company to share the profits of the company with its employes. It was a matter of common knowledge and it was known to appellee that appellant had paid a bonus of approximately fifty per cent, for the year 1916, the same being paid in January, 1917. From March 12, 1917, to August 81, 1917, appellee worked 1,328 hours, for appellant. Appellee asked and was granted leave of absence from his work from August 7 to August 20, 1917, at the end of which time he returned to work and worked until August 31, 1917, when appellee again asked for leave of absence and was granted two weeks. At this time appellee stated to appellant’s superintendent that he did not wish to do anything that would interfere with his sharing in the distribution as set forth under the terms of the notice. It was the custom of appellant to pay its employes at the end of each two weeks period, and on September 8, 1917, appellee appeared at appellant’s office for his pay for the period ending August 31, 1917, when the timekeeper requested that appellee deliver up certain brass tool checks, whichappellee declined to do, stating that he was off duty on leave of absence. Thereupon appellant’s superintendent informed such timekeeper of such fact, and payment was made to appellee, and he retained his keys. On or about September 10, 1917, appellee appeared at appellant’s plant ready to take up his work, but was informed by the night foreman under whom he was working that another employe was then working in the
During the period that appellee worked for appellant, his wages amounted to $275.50. In January, 1918, appellant divided its excess profits among its employes under the terms and plan of said notice, which excess profits amounted to one hundred and forty-seven per
The judgment is affirmed.