Donald Odorizzi (plaintiff) was hired by Bloomfield School District (Bloomfield) (defendant) to teach elementary school. While he was still under contract to teach, he was criminally charged with engaging in homosexual activities. Following his release on bail, Bloomfield’s district superintendent and the school principal visited Odorizzi at his home. They told Odorizzi that if he did not resign immediately, they would suspend him and publicize his dismissal proceeding, as they were required to do by statute. They told him this would cause “extreme embarrassment and humiliation.” He was also told that he had no time to talk to a lawyer and that if he resigned immediately, the arrest and suspension would not be publicized. At the time of this meeting with the superintendent and principal, Odorizzi had gone without sleep for 40 hours from the time of his arrest through his release on bail. Odorizzi agreed to tender his resignation. However, after being cleared of the criminal charges against him, he asked to be reinstated in his employment. When Bloomfield refused, Odorizzi filed an action against Bloomfield, alleging duress, menace, fraud, mistake and undue influence. The trial court dismissed Odorizzi’s amended complaint and he appealed that decision.