Fleming v. Kids and Kin Head Start

Plaintiff is a former employe of defendant. In her second amended complaint she alleges that defendant terminated her employment without just cause, in violation of a provision of its employe handbook which was part of her contract of employment. See Yartzoff v. Democrat-Herald Publishing Co., 281 Or 651, 576 P2d 356 (1978). The trial court granted defendant’s motion to dismiss the complaint on the ground that it failed to state ultimate facts sufficient to constitute a claim. ORCP 21A(8). Plaintiff failed to plead over and appeals the resulting judgment. We reverse and remand.

The complaint…