Peter D. Leonelli v. Pennwalt Corporation, Michael Young and T. Caddy

CARDAMONE, Circuit Judge:

Appellant is an at will employee who took early retirement and thereby lost certain benefits provided by his employer. Although an employer has an unquestioned right to discharge such an employee, it still must take special pains not to act in such a way as to cause its employee to lose those benefits to which he may otherwise have been entitled. Whether the employer acted in good faith at the time when the employment relationship was ended here presents a question of fact.

On Sunday afternoon, February 3, 1980, a representative of Pennwalt Corporation,…