Herb was interviewed for a job on Wednesday. The employer orally offered Herb a job right on the spot. Herb orally agreed to start working the following Monday, to be employed from that Monday, for one year thereafter. Three weeks after starting the job
Herb was fired without cause and replaced by the employer's friend. Will Herb be successful in an action brought against the employer for breach of contract?
Probably not. The one-year rule would require the contract to be in writing and signed by the employer. It is impossible to perform the terms of the contract within one year from the date the contract was made. Here the contract was made on Wednesday. The one-year period runs from Wednesday until the corresponding date one year later. The terms of the contract however, require performance of the job to start the following Monday for one year. The terms of the agreement exceed the one-year mark measured from the date the contract was formed by several days.
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