Fixed Term Employee Fired Although the Employer Did Not Attempt to Market the Product
Can a Person Employed for a Fixed Term on the Condition That His Produce is Satisfactory to the Market be Fired When the Employer Did Not Attempt to Market the Product ?
In Jacobs v. Kraft Cheese Co., 310 Pa. 75, 164 A. 774 (1933), plaintiff Jacobs approached Kraft with a new method for making cream cheese.
Kraft hired Jacobs for a fixed term of 78 weeks.
The employment contract expressly stated that Jacobs' employment was conditioned on his producing a cream cheese "satisfactory to the market," as measured by sales.
After nine weeks, Kraft fired Jacobs, declaring that the cheese was unmarketable.
Kraft had not attempted to market the product.
A jury found in Jacobs' favor.
Our Supreme Court affirmed the verdict, holding that, under the circumstances, Kraft had an implied duty to attempt to market the cheese before firing Jacobs.