Highhouse v. Midwest Orthopedic Institute, P.C.

BOEHM, Justice.

We hold that a bonus calculated on the basis of both the employee's production and also the expenses of the overall business is not a "wage" governed by the Indiana Wage Payment Statute.

Factual and Procedural Background

In 1996, Midwest Orthopedic Institute, P.C. ("MOI") employed Dr. Michael High-house ("Highhouse") as an orthopedic surgeon. The "Employment Agréement” called for a base annual salary of $250,000 payable monthly and an "annual bonus" for each calendar year payable February 28 of the following year. 'In practice, the bonus was paid at the end of each calendar…