MONGE V. BEEBE RUBBER CO. 316 A.2d 549 (1974) CASE BRIEF

MONGE V. BEEBE RUBBER CO.

316 A.2d 549 (1974)

NATURE OF THE CASE: This was an action in assumpsit to recover damages for an alleged breach of an employment contract. Beebe (D) appealed a jury verdict which awarded damages to Monge (P), employee, to recover damages for an alleged breach of an oral contract of employment.

FACTS: Monge (P) was hired by Beebe Rubber Co. (D) in September 1968 at the rate of $1.84 per hour. D was a union shop and after three months, P applied for an opening on a press machine ($2.79 per hour) and her foreman told her that if she wanted the job she would have to be nice. P got the job and the foreman then asked her out and P refused. Three weeks later when the press machine was shut down, P was put on a degreaser machine for $1.99 per hour. Her overtime was then taken away (although no one else's was) and the foreman told her she could sweep floors to earn extra money. P claimed the foreman made her clean washrooms and ridiculed her. P was then fired by the foreman when she ran out of boxes for her machine. The union had her reinstated with a warning. P then was sick but was eventually deemed a voluntary quit because she was absent from work for three days without notification even though the company had notice that she may have been very ill especially since she was taken to the hospital when she was found unconscious in one of the company ladies' room. P then sued for breach of contract. The jury awarded her $2500. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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