Dove had been employed by Rose Acre Farm, operated by Rust, its president and principal owner, in…

Dove had been employed by Rose Acre Farm, operated by Rust,
its president and principal owner, in the summers and other times from 1972 to
1979. Rust had instituted and maintained extensive bonus programs. In June
1979, Rust called in Dove and other construction crew leaders and offered a
bonus of $6,000 each if certain detailed construction work was completed in 12
weeks. In addition to completing the work, Dove would be required to work at
least five full days a week for 12 weeks to qualify for the bonus. On the same
day Dove’s bonus agreement, by mutual consent, was amended to 10 weeks
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Dove had been employed by Rose Acre Farm, operated by Rust,
its president and principal owner, in the summers and other times from 1972 to
1979. Rust had instituted and maintained extensive bonus programs. In June
1979, Rust called in Dove and other construction crew leaders and offered a
bonus of $6,000 each if certain detailed construction work was completed in 12
weeks. In addition to completing the work, Dove would be required to work at
least five full days a week for 12 weeks to qualify for the bonus. On the same
day Dove’s bonus agreement, by mutual consent, was amended to 10 weeks with a
bonus of $5,000 to enable him to return to law school by September 1. To
qualify for the bonus he would have to work 10 weeks, five days a week, commencing
at starting time and quitting only at quitting time. Dove was aware of the
provisions concerning absenteeism and tardiness as they affected bonuses, and
knew that if he missed any work, for any reason, including illness, he would
forfeit the bonus. No exception had ever been made except as may have occurred
by clerical error or inadvertence. In the tenth week, Dove came down with strep
throat. On Thursday of that week he reported to work with a temperature of 104
degrees, and told Rust that he was unable to work. Rust told him, in effect,
that if he went home, he would forfeit the bonus. Rust offered him the
opportunity to stay there and lie on a couch, or make up his lost days on
Saturday and/or Sunday. Rust told him he could sleep and still qualify for the
bonus. Dove left to seek medical treatment and missed two days in the tenth
week of the bonus program. Rust refused Dove the bonus based solely upon his
missing the two days of work. Was Rust within his legal rights to refuse to pay
the bonus?

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