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Contracts Keyed to Dawson
Stewart v. Cendant Mobility Services Corp.
Citation:
837 A.2d 736.Facts
Stewart and her husband worked for Cendant as a sales person and executive, respectively. Cendant provided relocation services for other companies and their employees. Following a corporate reorganization in April 1998, Stewart’s husband’s employment was terminated. Stewart believed her husband would seek employment with one of Cendant’s competitor, so Stewart approached her supervisor (James Simon) regarding her concerns about what this may mean for her employment at Cendant. Simon assured Stewart that she should not be concerned and her husband’s potential reemployment elsewhere had no bearing on her employment at Cendant. Cendant’s president also sent along his assurances that Stewart was a highly valued employee. Based on Simon’s assurances, Stewart continued in her position and did not pursue other employment opportunities.
In March 1999, Cendant learned that Stewart’s husband was performing consulting services for a competing company. Cendant reduced Stewart’s duties and limited her interaction with clients. They also requested that she agree to the provisions of a document regarding her obligations to Cendant in relation to her husband’s work for a competitor. In June 1999, Cendant terminated Stewart when she declined to agree to the provisions of the document.
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Topic Resources
Topic Outline
Formation of ContractsTopic Refresher Course
Consideration and Promissory Estoppel