Business Law 12th Edition by Roger LeRoy Miller ,Frank Cross

Exercise 5

Mitsui Bank hired Ross Duncan as a branch manager in one of its Southern California locations. At that time, Duncan received an employee handbook informing him that Mitsui would review his performance and salary level annually. In 2008, Mitsui decided to create a new lending program to help financially troubled businesses stay afloat. Duncan was appointed to be the credit development officer (CDO) for the new program and was given a written compensation plan. According to the plan, his compensation would be based on the program's success and would include bonuses and commissions based on the volume of loans and sales. The written plan also stated, "This compensation plan will be reviewed and potentially amended after one year and will be subject to such review and amendment annually thereafter." Duncan's efforts as CDO were successful, and the business-lending program he developed grew to represent 25 percent of Mitsui's business in 2009 and 40 percent in 2010. Nevertheless, Mitsui refused to give Duncan a raise in 2009. In fact, Mitsui amended his compensation plan to reduce his compensation significantly and to change his performance evaluation schedule to every six months. When he had still not received a raise by 2011, Duncan resigned as CDO and fi led a lawsuit alleging breach of contract. Using the information presented in the chapter, answer the following questions.
Can Duncan establish an implied contract based on the employment manual or the written compensation plan? Why or why not?
DEBATE THIS: Companies should be able to make or break employment contracts whenever and however they wish.