Facelli v. Southeast Marketing Co.

Ness, Justice:

This is a breach of employment contract action. Respondent Facelli sought an accounting for compensation allegedly due under an oral employment contract with appellant Southeast Marketing Company. The jury returned a verdict in Facelli’s favor for $4,113.54. We affirm as modified.

Facelli was hired in 1973 as one of Southeast’s marketing representatives. By oral contract, he was to be paid a commission based on 40% of his gross sales.

At some point in 1978 Southeast changed its overall commission plan. Facelli was given oral and written notice that his commission multiplier had…