Kemnetz v. Elliott Farmers Grain Co.

PRESIDING JUSTICE GREEN

delivered the opinion of the court:

This case concerns the measure of damages due an employee for a breach by the employer of a contract of employment permitting the employer to terminate the contract upon giving written notice of a prescribed length of time. The employer discharged the employee upon 10 days’ notice while the terms of the contract required 30 days’ notice. We conclude, as have the vast majority of courts, that where, as here, (1) the breach did not cause any forfeiture by the employee of any rights other than the salary and fringe benefits he would have…