Question
In August of 2008, Vann Kennedy, acting as an agent of KVTV in Dallas, Texas, orally offered Robert Martin a job as station manager which
In August of 2008, Vann Kennedy, acting as an agent of KVTV in Dallas, Texas, orally offered Robert Martin a job as station manager which Martin accepted. Martin asserts that under the terms of this oral agreement, he was to work from year to year, and the contract would be renewed for one-year terms, so long as his work was satisfactory. While Martin asserts in his pleadings that he would not be fired except for good cause, Martin avers that Kennedy requested that Martin's employment would continue as long as his work was satisfactory, and that employment for more than one year was "doable."
In November of 2009, Martin received a Notice of Termination of Employment from KVTV. The notice indicated that because Martin had caused the company's profits to decrease, his employment was terminated. Martin believes that he performed every condition and obligation under the contract adequately and that he gave KVTV no reason to terminate him.
Martin sues KVTV for breach of contract, wrongful discharge, and breach of promise of job security based on the assertion that his employment with KVTV was contractual.
KVTV argues that Martin's employment was at-will and not contractual, and thus, Martin could have been terminated for any reason or no reason at all.
Make a case analysis that addresses the points below, using the format that follows (type in your response after each point):
- Identify the Case, the Plaintiff(s) and Defendant(s)- who is suing or charging who.
- Identify the Court/Jurisdiction, whether a state or federal court and why (explain why the court has personal and subject matter jurisdiction)
- Identify the relevant Facts of the case
- Identify the Legal Action involved- what is the Defendant being sued for or charged with (fraud, breach of contract, etc.); the nature of the action- civil or criminal, and identify the Legal Question/Issue the court needs to address.
- Given what the Plaintiff is suing or charging the Defendant with, what must the Plaintiff establish and prove? What will be Plaintiff's key arguments?
- What will be the Defendant's key arguments in defense?
- What will the legal ruling of the court (decision) be, and reasoning for it?
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