Plaintiff Staschiak had worked as a commercial truck driver for Checkered Express from May 2003 to 2009.

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Plaintiff Staschiak had worked as a commercial truck driver for Checkered Express from May 2003 to 2009. From 2009 to April 2011, he was employed in the same capacity with Certified Logistics. He asserted that his employment with both entities was governed by an employee handbook that had been issued by Checkered Express. According to Staschiak, pursuant to that handbook, after five years of service, he was to be paid 30 percent of the gross income received by the appellees for loads he drove and $15 per hour for detention and layover pay. He was also entitled, after 90 days of service, to have the appellees cover 70 percent of his health insurance. Attached to the Amended Complaint was a copy of the “Checkered Express Inc. Employee Handbook.” Staschiak sued for breach of contract, claiming the employee handbook constituted an implied (employment) contract. Moreover, the handbook did not state that it was not a contract and also contained a provision allowing it to be unilaterally altered. Defendants argued there was no written contract and that Staschiak was an atwill employee. The trial court granted summary judgment for defendants and Staschiak appealed. Is the employee handbook an implied contract? Why or why not?

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Dynamic Business Law

ISBN: 9781260733976

6th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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