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ROBERT L. SHAW v. WESTINGHOUSE ELECTRIC CORPORATION (03/14/80)

decided: March 14, 1980.

ROBERT L. SHAW
v.
WESTINGHOUSE ELECTRIC CORPORATION, A CORPORATION, APPELLANT



No. 107 April Term 1979, Appeal from the Order of the Court of Common Pleas of Allegheny County, Civil Division, No. G.D. 76-24726.

COUNSEL

Dennis J. Lewis and J. Gary Kosinski, Pittsburgh, for appellant.

John A. DeMay, Pittsburgh, for appellee.

Van der Voort, Spaeth and Watkins, JJ. Van der Voort, J., files a dissenting statement.

Author: Spaeth

[ 276 Pa. Super. Page 222]

This is an appeal from an order denying a pre-trial motion by Westinghouse Electric Corporation to dismiss, in part, a complaint in assumpsit filed by Robert L. Shaw against Westinghouse.

The complaint alleges that in September 1969 Shaw accepted an offer of employment from Westinghouse as General Manager of its Portable Products Division upon the following terms:

(a) That Plaintiff would receive a stock option for 2,000 shares of stock at an option price of $26.50.

(b) That Plaintiff would be paid a salary of $50,000 per year.

(c) That after six months employment, Plaintiff's salary would be increased by 8%. This percentage increment would continue to be applied annually thereafter while Plaintiff was the General Manager of the Portable Products Division.

(d) That Plaintiff would be guaranteed a yearly bonus of between $8,000 per year and $23,000.00 per year, such amounts being the established bonuses of the previous General Managers of that Division: with the possibility of the bonus increasing to an amount equal to the yearly salary of Plaintiff.

(e) That the employment date of Plaintiff would be be back-dated to September 15, 1969.

[ 276 Pa. Super. Page 223]

(f) That Plaintiff would have the title of General Manager.

(g) That Plaintiff would have retirement benefits equal to 60% of his base salary.

(h) That Plaintiff would be paid all moving expenses.

(i) That Plaintiff would have the option to purchase Westinghouse Electric Corporation stock at a reduction of 10% from the current market price.

(j) That Plaintiff would be employed by the Defendant for a number of years, to wit, a "long-term basis."

(k) That Plaintiff would assume complete control as General Manager over the ...


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