Employment & Labor Law

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JOHN W. BRINK v. BANK OF AMERICA, N.A.

27 Fla. L. Weekly D501 (Fla. 1st DCA Mar. 1, 2002)

The court found that the trial court properly ruled that the Employment Agreement and the Special Incentive Agreement were separate contracts. The Special Incentive Agreement specifically provided that plaintiff would not qualify for incentive benefits unless he was employed as of December 31, 2000, and if employment was terminated for any reason whatsoever prior to the receipt of an incentive payment, Brink would not be eligible for an award. Since plaintiff was not employed as of December 31, 2000, he was not a participant in the Special Incentive Program. The court agreed with the trial court that plaintiff

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