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 â€śexitâ€ť, 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. DiFolcoâ€™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 MSNBCâ€™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 â€śfor a long time to come.â€ť 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.