BLINN V. BEATRICE COMMUNITY HOSPITAL AND HEALTH CENTER, INC. 708 N.W.2d 235 (2006) CASE BRIEF

BLINN V. BEATRICE COMMUNITY HOSPITAL AND HEALTH CENTER, INC.

708 N.W.2d 235 (2006)

NATURE OF THE CASE: Blinn (P) sued Beatrice (D) for breach of contract and promissory estoppel. The district court entered summary judgment against P, but the Nebraska Court of Appeals reversed. D petitioned for further review and it was granted.

FACTS: P received a job offer from D. P understood that the offer was for a position that he could keep until he retired. P was 67 years old at the time he received the offer. P went to D's administrator seeking assurances about the permanency of P's position with D. P drafted a resignation letter to submit unless he received full assurances that D wanted him to stay. P handed over the resignation letter and the administrator assured him that there was at least five more years of work to do. P also asked for permission to talk to the chairman of the board of directors to seek similar assurances. The chairman of the board assured P that D wanted him to stay until P's retirement. P was asked to resign in less than 6 months. Employment was terminated in February. P sued. P had been hired as an at-will employee, but alleged that his at-will employment status had been modified. P claims that D promised 5 more years of employment would be employed for a period of at least 5 years, inducing P to forgo another employment opportunity. P sued on an oral contract and promissory estoppel. D filed a motion for summary judgment. The district court held that the oral modification was not definite or specific enough to modify his at-will employment status. D got summary judgment The Court of Appeals reversed. It reasoned that the evidence created a genuine issue of material fact about whether D offered to extend P's employment until he chose to retire. D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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