McInerney v. Charter Golf, Inc.
680 N.E.2d 1347 · Illinois Supreme Court · 1997
Facts
Dennis McInerney, a sales representative for Charter Golf, was offered a lucrative position by Hickey-Freeman. Charter Golf's president, Jerry Montiel, counter-offered McInerney a guarantee of lifetime employment with a higher commission if he rejected the other offer. McInerney accepted Charter Golf's oral offer, turned down Hickey-Freeman, and continued working for Charter Golf until he was fired in 1992, leading to a breach of contract suit.
Issue
1. Is an employee's promise to forgo another job opportunity sufficient consideration for a lifetime employment guarantee to modify an at-will relationship? 2. Must such a lifetime employment agreement be in writing to satisfy the Statute of Frauds?
Holding
The court held that foregoing another job offer is sufficient consideration for a lifetime employment contract. However, it affirmed the summary judgment, ruling that a contract for lifetime employment must be in writing to satisfy the Statute of Frauds, making the oral agreement unenforceable.
Rule
A promise to forgo another job opportunity in exchange for a guarantee of lifetime employment constitutes sufficient consideration to form a contract. However, contracts for lifetime employment are considered agreements "not to be performed within the space of one year" and therefore must be in writing to satisfy the Statute of Frauds.
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