United States Seventh Circuit

In a class action alleging that the manner in which defendant paid and forfeited its employees' bonuses violated Indiana's Wage Payment Statute and Wage Claims Statute, summary judgment for defendant is affirmed where: 1) the bonuses were condition on continued employment and plaintiffs failed to meet this criteria; 2) even if the unpaid bonuses could be considered "wages" they are considered deferred compensation and subject to forfeiture; 3) plaintiffs were not entitled to damages from defendant's failure to pay the bonuses within a statutory ten day period since bonuses are not wages; and 4) certification of certain questions of state law to the Indiana Supreme Court is denied.

Appellate Information

• Argued 04/18/2008
• Decided 05/30/2008
• Published 05/30/2008

Judges

• BAUER, Circuit Judge., Before BAUER, FLAUM and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Ronald E. Weldy (argued), Weldy & Associates, Indianapolis, IN, for Plaintiffs-Appellants.


• For Appellees:
  
• William R. Groth (argued), Fillenwarth, Dennerline, Groth & Towe, Indianapolis, IN, for Defendant-Appellee.