This section contains the nature of the case and procedural background.

Dove (P) worked for Rose (D) and signed up for a bonus program wherein P understood that to qualify for the bonus he would have to work ten weeks, five days a week, commencing at the starting time and quitting only at quitting time and that P was fully aware of the absenteeism and tardiness provisions as they affected his bonus. (P would lose the bonus if at any time during the bonus period he would be late for work even by one minute or even not show up for work due to illness.) In the tenth and last week of the bonus period, P came down with strep throat and reported to work with a temperature of 104 degrees. P was told that if he went home, he would lose his bonus and D offered him the opportunity to lie down on a couch or make up the work on Saturday of Sunday. D told P he could sleep and still qualify for the bonus. P left to seek medical treatment and missed two days of work. D refused P the bonus. P sued D and D prevailed. P appealed.

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