The opinion of the court was delivered by: Frederick J. Scullin, Jr., Chief United States District Judge
MEMORANDUM-DECISION AND ORDER
Plaintiff originally filed this action in state court. On January 10, 2001, Defendant removed the matter to this Court based upon diversity jurisdiction. Plaintiff's complaint asserts two causes of action: (1) breach of contract and (2) violations of New York Labor Law §§ 190(1), 191 and 193.
By letter dated November 8, 1999, Defendant Hekimian Laboratories, Inc. ("Hekimian") offered Plaintiff a position as an Account Manager.*fn1 See Dkt. No. 23, Affidavit of David P. Miller, sworn to April 3, 2002 ("Miller Aff."), at Exhibit "F." Together with the offer letter, Defendant sent Plaintiff an Employment Agreement and a document entitled "2000 Incentive Compensation Plan." See Dkt. No. 36, Declaration of Kevin McCartney, dated April 2, 2002 ("McCartney Decl. I"), at ¶¶ 6-7 & Exhibits "B" & "C;" Miller Aff. at ¶ 14 & Exhibit "G." In addition, Hekimian asserts that it also sent Plaintiff a document entitled "David Miller, Account Manager — Atlantic Region," hereinafter referred to as the "Bonus Plan." See Miller Aff. at ¶¶ 20-24 & Exhibit "K;" McCartney Decl. I at ¶¶ 8-9 & Exhibit "D." Plaintiff does not recall receiving the Bonus Plan in November 1999, although he does concede that Mr. McCartney handed him that Plan in early January 2000. See Miller Aff. at ¶ 20.
At the crux of the parties' dispute is the relationship among and relevance of the Employment Agreement, the 2000 Incentive Compensation Plan, and the Bonus Plan. The Employment Agreement, which Plaintiff signed on December 13, 1999, his first day of work at Hekimian, provides, in pertinent part, that
1. Salary, Duties, Expenses, Vacation and Travel.
(a) The Corporation agrees to employ the Employee and
the Employee agrees to accept employment by the
Corporation on a full-time basis as an Account Manager
of the Corporation, at a minimum annual salary of
$80,000.00 payable during the Term of Employment (as
defined in Section 2 hereof). Such salary shall be
payable in equal installments during each month or
such other pay periods established from time to time
by the Corporation, pursuant to its standard
employment practices. During the Term of Employment,
the Employee shall be governed by the Corporation's
policies applicable to other employees of the
Corporation with respect to periodic reviews and
increases in salary and fringe benefits, as
hereinafter described, provided for such employees.
3. Fringe Benefits.
Nothing contained herein shall detract from or limit,
during the Term of Employment, the Employee's
participation in any group insurance,
hospitalization, retirement or other benefit plan or
other arrangement available to all employees of the
Corporation. The Employee's participation in other
benefits or incentive payments shall be at the
discretion of the Board of Directors or the President
of the Corporation or his designee.
11. Entire Agreement.
The foregoing contains the entire agreement between
the parties relating to the subject matter of this
Agreement, and may not be altered or amended except by
an instrument in writing signed by both parties
hereto, and this Agreement supersedes all prior
understandings and agreements relating to employment
of the Employee by the Corporation.
See McCartney Decl. I at Exhibit "C" at ¶¶ 1(a), 3, 11 (emphasis added).
The 2000 Incentive Compensation Plan provides as follows:
2000 Incentive Compensation Plan
2000 Quota — to be determined
1. All bookings will be commissioned at 0.5%.
2. All bookings over quota will be commissioned at an
3. After achieving 100% of bookings quota, a $5,000
bonus will be issued.
See Miller Aff. at Exhibit "G;" McCartney Decl. I at Exhibit "B."
Finally, the Bonus Plan provides that
Quota — To be assigned for 2000
Assigned accounts — Bell Atlantic North
Commission — 0.5% for all bookings in ...