Esbensen
Esbensen v. Userware International, Inc.
Opinion
Opinion
Wiener, J.
Plaintiff Daniel Esbensen sued his former employer, defendant Userware International, Inc., and several of its officers, alleging his employment as a computer programmer was wrongfully terminated without good cause. Because his written one-year employment contract did not specify a “good cause” requirement, Esbensen unsuccessfully sought to introduce evidence of oral assurances he was allegedly given by Userware management that the contract would be perpetually renewed as long as he performed his job competently.
Userware argues the written contract must be interpreted to allow for Esbensen’s termination “at will” and that in any event, the contract was fully integrated precluding the admission of evidence to show an unwritten but consistent oral understanding. We reject both arguments. The more difficult question, we believe, is Userware’s additional contention that the alleged oral assurances are inconsistent with the contract’s one-year term. While it might be presumed that a one-year contract term, without more, means the parties have no obligations at the expiration of the one year, here Esbensen sought to overcome that presumption by introducing evidence of an…