« on: March 13, 2005, 11:40:00 PM »
Jen - I concur with what Coregram said. The UCC example is a good illustration of how partial performance can negate the need to have a K in writing. However pay attention to the part where he says if you work for 2 years on an oral agreement, and get fired, all you have proven is the agreement for 2 years, even if it was supposed to be for 5. This is Quantum Meruit. See Britton v. Turner 6 N.H. 481.
You asked about reliance or restitution damages for the guy who gets fired before his K is up. Here's the tricky part. Reliance or Restitution would theoretically make sense because you can argue that the guy relied on the 5 year K to his detriment and blah blah blah. However, be careful with that. What a lot of law school students fail to realize is that employment K's (whether Oral or Written) are at-will employment K's. Meaning, a company has a legal entitlement to fire the employee (technically breaching the K) at any time without consequence, so long as they have paid the employee up until that time of termination.