1. Suggest language that a court might find an unambiguous intent to repudiate in this case.
2. If you received an e-mail from an employee that concerned her “exit”, would you believe they were quitting? Is the situation with DiFolco any different?

DiFolco and MSNBC entered into a two-year employment agreement for DiFolco to work as a television commentator covering the entertainment industry. MSNBC had the right to terminate the agreement after the first year by giving DiFolco 60 days advanced notice. DiFolco’s first eight months of employment were tumultuous and she had several disputes with her supervisors over her assignments and working conditions. Through a series of e-mails, DiFolco complained to her supervisors about being forced off the air through MSNBC’s change in schedule and coverage. One of these e-mails indicated that she wished to have a meeting to discuss her exit from the shows and to give MSNBC ample time to replace her. In that same e-mail, though, DiFolco also wrote that she wanted to be part of the MSNBC team “for a long time to come.” Nonetheless, MSNBC took these e-mails to mean that DiFolco intended to repudiate her contract and sent her a proposed separation agreement claiming that she had resigned.