· 7/20/1977
Fortune v. National Cash Register Co.
Citations
- 364 N.E.2d 1251
- 373 Mass. 96
- 1977 Mass. LEXIS 1063
- 115 L.R.R.M. (BNA) 4658
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that jury verdict on breach of implied covenant was supported where employer terminated salesman one day after receiving a $5,000,000 order
- holding that an employer is accountable to a discharged employee for unpaid compensation if the employee is terminated in bad faith and the compensation is clearly connected to work already performed
- holding that abusing the timing of termination of an employment contract to avoid paying commissions already earned by the employee was in bad faith and accordingly violated the implied covenant of good faith and fair dealing
- stating that the doctrine exists to “prevent overreaching by employers and the forfeiture by employees of benefits almost earned by the rendering of substantial services.”
- affirming that-the employer breached the implied covenant without breaching the literal terms of the contract when it terminating an employee in order to avoid paying him earned commission
- recognizing good faith and fair dealing as \pervasive requirements\ in Massachusetts law.
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Kaplan, Wilkins, Liacos, Abrams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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