Wednesday, July 6, 2011

NC Court: Durational Contracts Are a 2-Way Street

Enka Elliott v. Enka-Candler Fire & Rescue Dep't, Inc. (NC Ct App 7/5/11) involved a firefighter promoted to Fire Chief.  As a firefighter he was at-will; when he became Chief, he and the Department signed a contract for a period of years.  Before the end of the contract, the Department fired him; he sued for his salary for the duration of the contract.

The Department moved for summary judgment, arguing that the former Chief had provided no consideration to support the term contract.  Not so, said the trial court -- just as the Department had promised to employ the Chief for a term of years, the Chief had agreed to remain in the Department's employ for that same term of years, and that was adequate consideration to support the contract.  The trial court denied the Department's summary judgment motion and entered summary judgment in favor of the former Chief.  The North Carolina Court of Appeals affirmed.

Hat tip: Jon Harkavy.


Employment Common Law | Permalink

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Hard to understand why this was even appealed, as the outcome seems obvious.

BTW, your link requires a login.

Posted by: James Young | Jul 7, 2011 4:55:09 PM

There you go James. Saying something I agree with.

Posted by: Per Son | Jul 8, 2011 7:39:29 AM

It seems like such a straight application of contract law that I can't understand why there would be ANY controversy, "Per Son."

Posted by: James Young | Jul 8, 2011 7:16:13 PM

I agree. The attorney's representing the city should be sanctioned.

Posted by: Per Son | Jul 13, 2011 8:25:00 AM

Unless you've read the decision, "Per Son" (I haven't, and the link still requires a login), I wouldn't go that far with my present knowledge.

Posted by: James Young | Jul 17, 2011 12:44:45 PM

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