Elizabeth Rossetti v. Bare, Ltd. and Jamie Spano

Summary

The court affirmed judgment as a matter of law for defendants on plaintiff’s claims concerning her 2018 and 2019 bonuses, her alleged deprivation of a 2020 bonus and unused paid time off, and the individual defendant’s wage liability. It held that the bonus evidence did not establish gross sales under the contract’s ordinary meaning, and that the evidence did not support an inference that plaintiff’s termination was intended to avoid paying accrued benefits. The court reversed and remanded the denial of defendants’ attorney’s-fee request because the contractual fee provision could apply to the distinct nonwage claim. No separate opinions were filed.