Section 20 Elements of Theory and Applicability Under Missouri Cases

• Library: Emp-Emp Law 2000

In Shearin v. Fletcher/Mayo/Associates, Inc., 647 S.W.2d 127 (Mo. App. W.D. 1982), the court recognized that the doctrine of promissory estoppel could be used to effectively establish an employment contract that could not be terminated for three years. The court set out the elements of this theory and their applicability in an employment context:

The Supreme Court of Missouri has also noted three elements required for a finding of estoppel: First, an admission, statement or act inconsistent with a claim afterwards asserted and sued upon; second, action by the other party on the faith of such admission, statement or act; and third, injury to such other party resulting from allowing the first party to contradict or repudiate such admission, statement or act. In the instant case the inconsistent act was permitting Shearin to commence work inspite of his modification of the contract. Shearin took action by staying with the company contending that this...