Jill is working as a research scientist at a laboratory when she is approached w
ID: 436517 • Letter: J
Question
Jill is working as a research scientist at a laboratory when she is approached with an employment offer from a competing laboratory. The competing lab director offers Jill nearly double her present salary and superior research equipment and opportunities. The lab director tells Jill she can remain employed with the new company as long as she does satisfactory work. Jill accepts the offer, sells her house, takes her dog and cats ad moves to the new state, buys a new house, and settles in. Jill first two evaluations are superior. Then, six months after arriving, Jill is terminated and the employer offers no explanation. Emma sues for unlawful termination. What could be a possible outcome?Explanation / Answer
Notwithstanding some of the court’s comments in the above case, the Supreme Court
in North Carolina held to the contrary:
This court has repeatedly held that in the absence of a contractual agreement between an
employer and an employee establishing a definite term of employment, the relationship
is presumed to be terminable at the will of either party, without regard to the quality of
performance of either party . . . “If you do your job, you’ll have a job,” is not sufficient
to make this indefinite hiring terminable only for cause. Kurtzman v. Applied Analytical
Inds., Inc., 493 S.E.2d 420 (N.C. 1997).
In addition, the court noted that there should be no exception based on an employee’s
decision to move her or his residence or other burdens that the new position might have
placed on the employee.
Regarding above scenario, Jill may have a claim against her new employer
based on a breach of an implied employment contract. Jill accepted her position
with the understanding that, in exchange for sacrificing her previous position and the
sale of her house, and so on, she would be employed as long as she performed satisfactory
work. Her work was more than satisfactory, yet she still lost her job. If this could
have been avoided (i.e., the company did not go bankrupt or something similar), she
might have a claim.
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