dissenting:
I respectfully dissent for the following reasons.
First, as the certified question is presented, I believe the majority is in error to permit the retroactive application of Small. In Small, we said “it was for the jury to decide whether the handbook, the bulletin, and the oral assurances constituted an employment contract.” Small v. Springs Industries, Inc., 292 S. C. 481, 357 S. E. (2d) 452 (1987).
Second, even if Small did not create a new contractual right to recovery, it enormously expanded the right to recover and, I feel, should not be retroactively applied. In my view, the majority’s holding offers the potential for disruption of settled legal principles governing contractual obligations.
Third, I find Francisco v. Black River Electric Cooperative, Inc., Mem. Op. 87-MO-325 (S. C. filed July 27, 1987), to be distinguishable.
Therefore, I would hold that the Small decision may not be retroactively applied so as to allow a plaintiff to bring an action for breach of contract based on the provisions of an employee handbook.