Question: Martin was employed as a retail associate by UPS for
Martin was employed as a retail associate by UPS for over two years. He had no written employment agreement. On December 5, 2004, Martin's boss called him at his home and told him that he was terminating Martin's employment. The parties disagreed, however, as to the content of the rest of the conversation. Mar- tin testified that his boss had said that he was fired because the other employees felt intimidated by him and that he would give him a severance package of two week's pay if Martin would not litigate. Martin's mother corroborated this version of the conversation. In contrast, Martin's boss stated that he told Martin that he was fired because of his continued use of company computers for personal use and because of the multiple downloads on company computers. The boss claims he indicated that he would give Martin his last week's pay and his November bonus and that he would consider giving him two weeks of severance pay in a few weeks. Martin never received severance pay from the company. The company now argues that the offer of severance pay was not supported by consideration and that Martin was not prejudiced by his boss's rescission of his off er to pay severance. How should the court decide? Why?
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