IBM was not obligated to pay its employee uncapped commissions under either an oral or implied contract. IBM lacked any intent to bind itself to pay such commissions; rather, it tended to retain sole discretion over the commission amount, if any. Thus, no meeting of the minds occurred as to the claim now advanced by the employee.
IBM also had no reasonable expectation that it should pay a greater commission, so no claim for quantum meruit is viable. And no specific allegations support the plaintiff’s claim for fraudulent misrepresentation based on an intent to deceive.
Motion to dismiss granted.