Shaw v. SS Kresge Company

Concurring Opinion

Garrard, J.,

— I ágree that the employment of Shaw constituted a contract at will. Davis v. Clapp (1925), 83 Ind. App. 697, 149 N.E. 908.

For the purpose of considering the ruling granting summary judgment, we must accept Shaw’s contention that the employee handbook set forth terms of the agreement. While the employer was free to change those terms from time to time, it was nevertheless bound by thém unless and until they were changed and the affected employees were notified.

However,. I agree that the judgment was correct since the handbook did not purport to set forth all grounds for,termination, or that termination would be only for proper, cause, or that use of the warning slip system was a condition precedent to discharge.

*10Under such circumstances, the employer’s right to terminate the at-will relationship under the facts asserted by Shaw remained and the summary judgment was proper.

Note. — Reported at 328 N.E.2d 775.