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NOLAN v. CONTROL DATA CORP.

243 N.J. Super. 420 (1990)

579 A.2d 1252

CHARLES W. NOLAN, PLAINTIFF-APPELLANT, CROSS-RESPONDENT, v. CONTROL DATA CORPORATION, A FOREIGN CORPORATION, DEFENDANT-RESPONDENT, CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 22, 1990.

Attorney(s) appearing for the Case

Robert J. Hrebek argued the cause for appellant-cross-respondent (Robert J. Hrebek, on the brief).

Stephen M. Offen argued the cause for respondent-cross-appellant (Schachter, Cohn, Trombadore & Offen, attorneys; Stephen M. Offen and Christopher W. Jones of the New York Bar, on the brief).

Before Judges KING, SHEBELL and KEEFE.

The opinion of the court was delivered by KING, P.J.A.D.

This case concerns the interpretation of the compensation terms of an employment contract for a salesman of defendant Control Data Corporation (CDC), a computer company. The written contract gave the employer the absolute and unfettered power to alter sales quotas and thereby compensation rates retroactively, currently or prospectively without notice and presumably without reason. We hold that this absolute...

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