Watson applied to Xcel Energy for a temporary utility worker position in response to an Internet job posting that stated, "must have, or obtain within six months of start date, a valid CDL commercial driver's license." The posting did not mention salary or start date. Also, it stated that it was an "applicant pool posting for consideration in future openings" and that, in order to "fill this position continuously," Xcel "maintains a pool of interested and qualified applicants who are contacted as soon as openings become available" and "[y]ou will be contacted only if you are selected for an interview. Xcel Energy reserves the right to close this position at any time." Xcel hired Watson on October 28, 2003. On April 8, 2004, an Xcel manager began reviewing information on temporary utility workers to determine which of them would be extended offers of permanent employment. A report showed that Watson had not yet obtained a CDL. On April 13, 2004, the manager met with Watson, told him that his temporary employment was over, and terminated him effective immediately, allegedly because he had not obtained a CDL. Among other claims, Watson alleged that there was an implied contract between himself and Xcel to employ him for six months. He argued that the job posting was an offer, which he accepted. Was it?

  • CreatedJuly 16, 2014
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