Opinion

Citynet, LLC v. Ray Toney

  • 235 W. Va. 79
  • 772 S.E.2d 36
  • 24 Wage & Hour Cas.2d (BNA) 199
  • 2015 W. Va. LEXIS 107
Court
West Virginia Supreme Court
Filed
Feb 6, 2015
Status
Published
Author
Ketchum
On the bench
Davis, Ketchum
Nature of suit
Tort, Contract, and Real Property
Cited by
12 cases
Authority
More cited than 11.6%

“[A]n employer’s written promise to its employees constitutes an offer for a unilateral contract that can be accepted by an employee continuing to work while under no obligation to do so. . . .”

How later courts described this case

  • “[A]n employer’s written promise to its employees constitutes an offer for a unilateral contract that can be accepted by an employee continuing to work while under no obligation to do so. . . .”
  • " 'Where the terms of a contract are clear and unambiguous, they must be applied and not construed,' Syllabus point 2, Bethlehem Mines Corp. v. Haden, 153 W.Va. 721, 172 S.E.2d 126 (1969).”
  • "The concept of unilateral con-tráete ⅛] where one party makes a promissory offer and the other accepts by performing an act rather than by making a return promise[.]”

Written by the judges who cited it.

The opinion

Justice KETCHUM,

dissenting:

I disagree with the majority decision. As I read Citynet’s Employee Incentive Plan, the plaintiff was not entitled to redeem the entire balance of his vested fringe benefits when he quit.

In Syllabus Point 5 of Adkins v. American Mine Research, Inc., 234 W.Va. 328 , 765 S.E.2d 217 (2014), this Court reaffirmed the principle that the determination of whether a fringe benefit is a “wage” payable under the Wage Payment and Collection Act “is governed by the terms of the employment agreement, whether written or in the form, of a consistently applied unwritten ■ policy.” According to § 5.7(b) of the written Incentive Plan, the plaintiff was only entitled.to redeem up to a maximum of 20% of his vested balance each calendar year. Citynet appears *99 to have structured the plan to maintain the stability of its investments in the Incentive Plan, and to only allow employees to make withdrawals at limited times, in limited amounts. I am not wholly convinced that the majority opinion’s interpretation of the Incentive Plan is correct, because it interprets the written language in a way that destabilizes the Incentive Plan for employees other than the plaintiff.

Put simply, I would have reversed the cirquit court and entered judgment in favor of the employer.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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