McDONALD V. MOBIL COAL PRODUCING, INC
820 P.2d 986 (1991)
NATURE OF THE CASE: This was an employment dispute. Mobil (D), employer, filed a motion
for rehearing after the court reversed a grant of summary judgment in favor of D and
remanded for further proceedings. McDonald (P), employee, had challenged his dismissal from
employment by D.
FACTS: McDonald (P) worked as a mine technician for Mobil (D). In June, 1988, P was
forced to resign over rumors that he had sexually harassed a female coworker. P contends
that he was actually dismissed and given the choice of resigning or being fired. During
trial, the court granted summary judgment against P and P appealed contending that the
employee handbook constituted a valid contract sufficient to modify the terms of P's at will
contract. Upon employment D signed a statement that that his relationship with D was that of
an at will contract. The employee handbook stated it would have a Fair Treatment Procedure
to resolve differences and a progressive disciplinary procedure, which could be disregarded
by D at its discretion. The summary judgment was reversed and remanded for a determination
of whether the principle of promissory estoppel applied to the facts of the case.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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