88 So. 3d 534
La. Ct. App.2012Background
- Read sued Willwoods alleging an oral employment contract for a definite term of five years and that Willwoods terminated him after one year without cause.
- The Hiring Committee offered Read the Executive Director position in 2009; the terms were not reduced to writing and no term was specified in the offer.
- At the interview, Mr. Veters asked Read if he would commit to a term of five to six years, and Read agreed; the term was not discussed again after the offer.
- Read began work June 1, 2009 and was terminated June 22, 2010; Read alleged breach of contract by terminating without grounds.
- Willwoods moved for summary judgment arguing no definite-term contract existed; the trial court granted summary judgment on this issue.
- The appellate court reversed, holding the matter could not be decided on summary judgment and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Read had a definite-term employment contract. | Read argues there was a meeting of the minds on a five-to-six year term. | Willwoods contends there was no definite term and the contract was terminable at will. | Not decided on summary judgment; remanded for trial. |
| Whether summary judgment was appropriate for a subjective-intent issue. | Subjective intent to be bound by a term should be considered with all evidence. | Subjective facts and credibility should not be weighed at summary judgment. | Improper to decide on summary judgment; remanded. |
Key Cases Cited
- Brodhead v. Bd. of Trustees for State Colleges & Universities, 588 So.2d 748 (La.App. 1 Cir. 1992) (reaffirmed that ordinary oral-term disputes require trial on merits)
- Meredith v. Louisiana Federation of Teachers, 209 F.3d 398 (5th Cir. 2000) (substantial evidence can support a definite-term contract without a written contract)
- Penalber v. Blount, 550 So.2d 577 (La.1989) (summary judgment not a substitute for evaluating subjective facts)
- Greer v. Dresser Indus. Inc., 715 So.2d 1235 (La.App. 3 Cir. 1998) (subjective facts require credibility assessments not suitable for summary judgment)
- Coto v. J. Ray McDemott, 772 So.2d 828 (La.App. 4 Cir. 2000) (summary judgment cannot resolve all factual disputes; credibility issues remain)
- Oakley v. Thebault, 684 So.2d 488 (La.App. 4 Cir. 1996) (limits on summary judgment regarding employment contract duration)
- Helwick v. Montgomery Ventures Ltd., 665 So.2d 1303 (La.App. 4 Cir. 1995) (summaries of subjective intent inappropriate at SJ)