Wednesday, July 6, 2011
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.