Berube v. Fashion Centre, Ltd.

DURHAM, Justice:

Plaintiff Shirley Berube claims on appeal that the lower court erred in denying her motion to amend her complaint to add a cause of action based on Utah Code Ann. § 34-37-16(2), in granting summary judgment in favor of defendant Western States Polygraph, and in refusing to allow the jury to evaluate plaintiffs case based upon an implied covenant of good faith and fair dealing. We reverse in part, affirm in part, and remand for trial on a theory of breach of an implied term of the employment contract.

I. FACTS

Plaintiff Shirley Berube was employed by Fashion Centre, Ltd., dba…