Keefner v. Super X Drugs of Illinois, Inc.
Docket: No. 12414
Court: Appellate Court of Illinois; August 15, 1974; Illinois; State Appellate Court
Plaintiff Paul Keefner, a pharmacist and manager at a Super X drugstore, appeals a court order denying his motion to vacate a judgment in a case where he sought payment of approximately $2,700 under a bonus clause of his employment contract for the year ending September 9, 1972. The contract stipulated that a store manager could earn a bonus for exceeding performance expectations, contingent upon remaining in full-time service until the contract's end. The contract specified that any manager discharged, regardless of cause, would forfeit entitlement to the bonus. Keefner was terminated 6 to 8 weeks before the contract's conclusion. He claimed the termination was without cause, but did not allege any fraudulent or bad faith actions by the employer. The trial court found that he was fired for cause, supported by testimony from district manager Mr. Baumgarth, who cited poor store conditions and insubordination as reasons for termination. Baumgarth noted prior inspections had revealed significant operational issues, and Keefner was found to have disregarded company policies regarding store operations. Despite Keefner's assertion that his performance had improved the store's finances, the court upheld the decision that he was properly fired for cause, making the forfeiture clause applicable. The court found no merit in claims that the clause constituted a penalty or liquidated damages. The judgment from the circuit court was affirmed, with no indication of injustice in enforcing the forfeiture clause. Judges Smith and Trapp concurred with the opinion.