Martin v. Mann Merchandising, Inc.
Texas Court of Civil Appeals
570 S.W.2d 208 (1978)
Gordon Martin (plaintiff) was employed by Mann Merchandising, Inc. (Mann) (defendant) as an at-will employee for over 11 years. Martin became a regional manager about a year and a half before his employment was terminated. According to Martin, Mann’s policy upon termination of employment was to pay one week of severance pay for every year of service, along with two weeks of vacation pay. Martin alleged that he first learned of the policy from other departing regional managers after he moved into that role and that he did not know exactly how it was calculated but they told him it was very, very generous. The policy was not the reason that he took the regional-manager position or remained in it because he planned to stay at Mann forever. No representative of Mann ever told him that the policy was to pay one week of severance pay for every year of service along with two weeks of vacation pay. When Martin’s employment ended, he was only paid half that amount. Martin sued Mann for severance and vacation pay based on a contract implied in fact. The trial court granted summary judgment for Mann, and Martin appealed.
Rule of Law
Holding and Reasoning (McCloud, C.J.)
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