Wastvedt v. State

VANDE WALLE, Justice,

concurring specially.

I agree with the majority opinion, but I write specially to express my concern that our decision today not be read as encouraging the institutions of higher education to rely upon oral offers of full-time employment or oral offers of less than full-time employment when the.offeree is entitled to full-time employment. If the policies of the institution do not require such offers to be in writing, good practice nevertheless indicates that the offers should be in writing or at least confirmed in writing.

However, a fair reading of the Faculty Handbook introduced into evidence would, at least to me, indicate that offers of employment are to be in writing. The University concedes that as a tenured professor Wastvedt was automatically entitled to the offer of a full-time contract under the provisions of the Faculty Handbook unless the provisions for termination are followed. No termination proceedings were instituted. The Handbook contains a form for notifying the individual employee of his appointment, the term, and the salary. Although the University contends an offer of full-time employment was made to Wast-vedt, this form apparently was not used because the University relies on an oral offer. The Handbook further specifies that contract proposals, indicating title, salary, date and period of appointment, “and any changes in status are sent to each *336faculty member ... on or before April 15 of each year.” In this instance no proposal, neither a proposal for full-time nor part-time employment, was made by April 15. Although Wastvedt’s attorney was notified as of March 28 that Wastvedt would be offered only part-time employment, Wast-vedt did not receive a contract until May 15. The issue of a written offer of full-time employment is not decisive of this case, but a written offer of such employment should have been made, regardless of the oral negotiations with Wastvedt. If a written offer had been made, as I believe the Faculty Handbook contemplates, we would not now be called upon to review findings of fact to determine whether or not they are clearly erroneous.