C a s e S u m m a r y
Mr. Soye was a senior executive with CDI, a company engaged
in the business of adult education. He was paid a salary, a substantial bonus based on achievement
of certain targets, and received additional perquisites. Mr. Soye’s employment was terminated
without cause following the acquisition of his employer by Corinthian, an American company.
In the months preceding the acquisition, Mr. Soye was wooed to remain with the company and
offered a retention bonus of $165,000 and a post-closing bonus of $55,000 subject to achievement
of certain targets, in addition to his usual compensation terms. Although the court enforced
certain employment agreements Mr. Soye had entered into years prior, the court found that promises
made to grant Mr. Soye the additional retention bonus of $165,000 were binding and awarded him
this amount. Moreover, the court rejected the company’s interpretation of the existing employment
agreements and did not limit Mr. Soye to receipt of salary only over the 12 month notice period
as the company had proposed, but awarded him total compensation including a substantial bonus
of $120,000 over the notice period. In addition, Mr. Soye was entitled to earned but unpaid
bonus to the last date worked. Mr. Soye also received other relief including earned but unpaid
vacation accumulated over the years, mitigation expenses incurred, and damages for loss of benefits.
The damages totalled approximately $418,000 plus prejudgment interest of $62,000.
Supplementary Reasons were released on May 6, 2008.