Dove v. Rose Acre Farms, Inc.

Dove (plaintiff) worked for Rose Acre Farms (defendant), a construction company, under an incentive program that paid bonuses for finishing projects on time but forfeited the bonus entirely for any absence or tardiness, however brief. Rose Acre's president offered Dove up to $6,000 (later modified to $5,000 for a shorter deadline) if he completed a project within 10 weeks, working 12-hour days, five days a week; Dove knew that missing even one day would forfeit the bonus. In week ten, Dove developed strep throat with a high fever, was offered the chance to rest on-site or make up time on a weekend, declined both, and missed two days of work. Rose Acre denied him the bonus. Dove sued, arguing he had substantially performed and should get the full bonus; the trial court ruled for Rose Acre.