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Evans v. Medical Diagnostic Laboratories, L.L.C.

Superior Court of New Jersey, Appellate Division

July 16, 2013

MARILYN EVANS, Plaintiff-Appellant,
v.
MEDICAL DIAGNOSTIC LABORATORIES, L.L.C., Defendant-Respondent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 14, 2013

On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Docket No. L-0459-07.

James F. Keegan argued the cause for appellant (Bendit Weinstock, P.A., attorneys; Sherri Davis Fowler, on the briefs).

Daniel S. Sweetser argued the cause for respondent (Szaferman Lakind Blumstein & Blader, P.C., attorneys; Mr. Sweetser, of counsel and on the brief).

Before Judges Fisher, Waugh, and St. John.

PER CURIAM

Plaintiff Marilyn Evans appeals the Law Division's dismissal of her breach of contract claims against defendant Medical Diagnostic Laboratories, L.L.C. (MDL), her former employer. The dispute between the parties centers on whether Evans was entitled to participate in MDL's bonus plan when she left MDL in the middle of calendar year 2006. The trial judge determined that she was not, and we affirm.

I.

We discern the following facts and procedural history from the record on appeal.

MDL hired Evans to serve as director of sales for its southeast region in January 2002. In August 2003, Eli Mordechai, Ph.D., MDL's chief executive officer, promoted Evans to director of national sales. As a result, MDL renegotiated her employment agreement. The revised contract was executed on September 28, 2003.

Article II of the agreement contained the following provision with respect to termination of the employment relationship between Evans and MDL.

2.01 The Employee's employment under this Agreement shall begin on or about the 18th day of August, 2003 and shall continue until terminated upon the occurrence of any of the following events:
B. upon thirty (30) days advance written notice by either party to the other. In either event, the Employer shall continue to pay the Employee regular compensation through the effective date of termination, but the Employer shall have the sole option to require or preclude ...

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