Ford v. TrendwestMASTER BRIEF

Ford v. TrendwestMASTER BRIEF - Ford v. Trendwest Resorts,...

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Unformatted text preview: Ford v. Trendwest Resorts, Inc. (2002) 146 Wn. 2d 146, 43 P.3d. 1223 MASTER BRIEF Facts : Plaintiff, a six-year at-will employee fired for arriving at work smelling of alcohol for the second time, agreed to participate in alcohol program in exchange for Employer = s promise to rehire him as an at-will employee in a position equal to that which he had held. When, after establishing a treatment schedule, Employer offered Plaintiff a lower, alternate position instead Plaintiff refused to return to work and was terminated. He sued employer for breach of contract, retaliatory discharge, intentional interference with employment and defamation, but the case went to trial on the breach of contract count alone. Jury = s award for Plaintiff was upheld on appeal. Issue before the Supreme Court was whether jury was wrongfully allowed to award damages based on future lost earnings, and to resolve conflicting inferior court rulings on that issue. Issue : Whether future lost earnings are an appropriate measure of damages when an employer breaches a contract to hire an at-will employee. [No. A contract confers no greater rights on a party than it bargains for, and b/c plaintiff did not bargain at-will employee....
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Ford v. TrendwestMASTER BRIEF - Ford v. Trendwest Resorts,...

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