Enforceable Employment Contract

Blum's strongest emf claim, i.e., that the Term public opinion poll is, in fact, an enforceable employment drive between the parties. In analyzing alleged breach of employment contract claims, courts have looked to whether a "formal contract" was in place between an employee and defendant-company. white potato v. American Home Products, 58 N.Y.2d 293, 448 N.E.2d 86, 461 N.Y.S.2d 232 (1983). Arguably, the Term weather sheet is not in form the " all-inclusive accordance" as in the beginning contemplated in Paragraph 6 by the parties. Nonetheless, it was never expressly revoked and continued to govern the parties' understanding of the employment relationship. By comparison, modernistic York courts have gone to much further lengths to find the introduction of an employment contract, examining circumstances such as the existence of assurances in an employment application and procedures in an employment manual, among others, and reliance thereon. Weiner v. McGraw-Hill, Inc., 57 N.Y.2d 458, 443 N.E.2d 441, N.Y.S.2d 193 (1982).

It has been stated "[i]f the employer make a promise, both express or implied, not only to pay for the services but likewise that the employment should continue for a period of time that is either definite or capable of being determined, that employment is not terminable by him 'at leave alone' after the employee has begun or rendered some of the communicate service or has given any other consideration." Weiner, 57 N.Y.2d at 465. Dr. Blum's case is further strengthened, therefore, by the fact that th

Dr. Blum can allege that ECMG's dismissal was intend to, and indeed did, cause her emotional distress. In such a case, ECMG's conduct must have been "atrocious." Id. It can certainly be argued that allowing one to work -- assuming Dr. Blum reported and worked continuously -- for close to 15 months, without pay, and only notifying her of termination after such considerable duration, is "outrageous," "beyond all possible bounds of decency," and "utterly untolerable in a civilized society." Id. at 303.

There are, however, two potential weaknesses in Dr.

Blum's breach of employment contract claim, i.e., Dr. Blum was unreasonable in her belief that the Term Sheet continued beyond the initial 30-day period, since 1) ECMG only paid her for two months, and she worked for nearly 15 months un stipendiary; and 2) the "Term Sheet" was not converted to a "Full Agreement," as mandated by Paragraph 6. The first weakness will probably be overcome by the fact that ECMG compensated her for two months (11/1/98 - 1/1/99), which was 30 days beyond the initial 30-day period whereupon the Full Agreement was to be finalized. Also, it is highly likely that some representation was made by ECMG that encouraged Dr. Blum to remain, despite a lack of compensation. The min weakness, if not overcome by the aforementioned employment contract argument (or potentially, related theories, e.g., promissory estoppel, quasi contract, quantum meruit, implied good trustingness and fair dealing), may force reliance on a theory of recovery in contravention of the "employment-at-will" doctrine.

Since the Term Sheet is, most likely, an enforceable employment contract, ECMG breached when it did not terminate jibe to the specified "events"
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