McInerney v. Charter Golf, Inc.
680 N.E.2d 1347 · Illinois Supreme Court · 1997
Facts
Dennis McInerney, a sales representative for Charter Golf, Inc., was offered a lucrative position by a competitor. Charter Golf's president, Jerry Montiel, promised McInerney lifetime employment with a higher commission if he rejected the competing offer. McInerney accepted, rejected the other offer, and continued working for Charter Golf, but was later fired, leading him to sue for breach of contract.
Issue
Is an employee's promise to forgo another job opportunity sufficient consideration for a guarantee of lifetime employment? If so, must such an agreement be in writing to satisfy the requirements of the Statute of Frauds?
Holding
The court held that McInerney's promise to forgo another job opportunity was sufficient consideration for a lifetime employment contract. However, the court affirmed the summary judgment for Charter Golf, concluding that the oral contract for lifetime employment was unenforceable under the Statute of Frauds because such contracts must be in writing.
Rule
A promise to forgo another job opportunity constitutes sufficient consideration for a lifetime employment contract. Nevertheless, contracts for lifetime employment are inherently not performable within one year and therefore must be in writing to satisfy the Statute of Frauds.
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