Sorensen v. Comm Tek, Inc.

I applaud the Court’s reassessment of the Metcalf “prospective only” ruling. No rational reason prevents or limits the application of an implied covenant of good faith and fair dealing to employment contracts. Although our initial opinion for the Court denied Sorensen all relief, today’s modification does provide Sorensen his day in court and justice may be done.

The decision to apply Metcalf to all cases which had been filed when Metcalf was decided, and of course to all new appeals, is appropriate for two reasons. Where two or more plaintiffs have initiated actions which are similarly…