Scott v. Lane
Decision Date | 22 January 1982 |
Parties | 115 L.R.R.M. (BNA) 4233 Dorothy Mae SCOTT v. Martin L. LANE, et al. 80-476. |
Court | Alabama Supreme Court |
Douglas Inge Johnstone of Johnstone & Newton, Mobile, for appellant.
Brock B. Gordon and Celia J. Collins of Johnstone, Adams, May, Howard & Hill, Mobile, for appellees Martin L. Lane, Edward L. Bryant, J. Russell Eubanks, Jr., Frank M. Dulaney and Mobile Anesthesiologists.
Frank McRight and Michael L. Fees of McRight, Sims, Rowe & Stewart, Mobile, for appellee Jeff Lousteau.
What constitutes sufficient consideration to prevent a contract of permanent employment from being terminable at the will of the employer? That is the sole issue presented by this appeal.
Plaintiff/appellant, Dorothy Mae Scott, filed a suit against several doctors and Mobile Anesthesiologists, an unincorporated association, in which she claimed that they had offered her permanent employment if she would resign from her employment with two other doctors. 1
As is apparent from the allegations of the complaint, which are set out in the footnote the plaintiff claimed that the defendants offered her permanent employment, that she accepted it, and that as consideration for the contract of permanent employment, she resigned her previous employment, and that the defendants had knowledge that she would resign her previous employment.
Plaintiff relies almost entirely upon the case of Alabama Mills, Inc. v. Smith, 237 Ala. 296, 186 So. 699 (1939). Because many of the principles of law relating to contracts of permanent employment are summarized in the Alabama Mills case, we set out extensively portions of the opinion in that case:
The defendants contend that the statement in Alabama Mills that "... if the hirer knows that the person being employed then has employment, and that he is giving it up to engage in his new work under the new contract, a valuable consideration is shown ...," is dictum, and is "inconsistent with the holding which is evident from reading the case in its entirety." The defendants argue that Alabama Mills, "read in its entirety and interpreted according to the legal authority upon which it relies and subsequent statements of the Alabama Supreme Court," holds that something more than an employer's knowledge that an employee is relinquishing his former employment to engage in new employment is required to constitute consideration sufficient to render a contract for permanent employment enforceable.
This Court has had occasion to consider the question of permanent employment contracts on several occasions. The cases which discuss in some detail the principles of law regarding contracts of employment for an indefinite duration are: Alabama Mills, supra; United Security Life Insurance Co. v. Gregory, 281 Ala. 264, 201 So.2d 853 (1967); National Union Life Insurance Co. v. Ingram, 275 Ala. 310, 154 So.2d 666 (1963).
In United Security Life Insurance Co., this...
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Langford v. Hale Cnty., CIVIL ACTION NO. 2:14-0070-KD-M
...has employment, and that he is giving it up to engage in his new work under the new contract' is valuable consideration." Scott v. Lane, 409 So. 2d 791, 794 (Ala. 1982).9 The issue that remains is whether the language of the Personnel Policy is "specific enough to constitute an offer." Id. ......
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Hesston Corp. v. Roche
...a comparable lifetime-guaranteed job. Annotation, supra at 264-290; Moody v. Bogue, 310 N.W.2d 655 (Iowa App.1981). But see Scott v. Lane, 409 So.2d 791 (Ala.1982). We conclude that the better rule is to require that independent consideration to support the "lifetime" employment promise mus......
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Romack v. Public Service Co. of Indiana, Inc.
...Iowa App., 310 N.W.2d 655, 659; Rowe v. Noren Pattern and Foundry (1979), 91 Mich.App. 254, 283 N.W.2d 713, 715; see also Scott v. Lane (1982), Ala., 409 So.2d 791, 794; Rabago-Alvarez v. Dart Industries, Inc. (1976), 55 Cal.App.3d 91, 96, 127 Cal.Rptr. The continuity of views expressed in ......
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Turner v. Newsom, 2070095.
...employment relationship. See, e.g., Birmingham-Jefferson County Transit Auth. v. Arvan, 669 So.2d 825, 827-29 (Ala.1995); Scott v. Lane, 409 So.2d 791 (Ala.1982). As contrasted with at-will employment, permanent employment is "'a continuous engagement to endure as long as the employer shall......
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Employment Law for the Solo and Small Firm Lawyer
...mutual extra-contractual consideration of permanent employment has been held to create a non-at-will-employment contract. Scott v. Lane, 409 So. 2d 791 (Ala. 1982).5. Shaddix v. United Insurance Co. of America, 678 So. 2d 1097 (Ala. Civ. App. 1995); Kidder v. AmSouth Bank, N.A., 639 So. 2d ......