Case Questions
- Based on Guz, can the implied covenant of good faith and fair dealing apply to any conditions not actually stated in a contract? In other words, can the covenant apply to anything beyond that which is actually stated in an employment contract? If not, is there no implied covenant as long as someone is at-will without a contract?
- Explain the distinction between the court’s discussion of the covenant of good faith and fair dealing and the possibility of an implied
contract term. - How might an employer create an “implied-in-fact term,” and how could a failure to follow such policies when terminating an employee create a breach of the contract?