## Facts

- Kenneth Krizan worked as a radio announcer under a written, fixed-term employment contract with Storz Broadcasting Company.
- His duties included on-air programming and scheduled production work (e.g., recording commercial spots).
- The station historically tolerated lateness for production time, with informal practices and no rigid timekeeping; employees were often late without discipline.
- Management had instructed announcers to call if they would be late, but there was no clear, communicated shift to strict enforcement making a single violation dischargeable.
- During a station promotional event, Krizan performed unplanned overnight work to keep programming continuous and stayed on air until about 4:00 a.m.
- Later that afternoon, Krizan overslept, arrived about 55 minutes late for production work, and did not call in advance.
- Storz terminated Krizan for tardiness and failure to call; Krizan sued for unpaid salary for the remainder of the contract term (about \$4,350).
- The trial court awarded Krizan the unpaid salary; Storz appealed, asserting discharge for cause.

## Issues

1. Whether a single 55-minute late arrival and failure to call, following unplanned overnight work for the employer and amid historically lax punctuality enforcement, constituted just cause to terminate a fixed-term employment contract.
2. Whether an employer that has tolerated tardiness may treat a single tardy incident as cause for discharge without clear notice of a policy change and strict enforcement.

## Decision

- The appellate court affirmed the judgment for Krizan.
- A single incident of tardiness and failure to call, under the circumstances, did not amount to just cause to terminate a fixed-term contract.
- Storz was liable for breach of contract and owed Krizan the unpaid salary for the unexpired term.

## Legal Principles

- A fixed-term employment contract may be terminated before expiration only for just cause.
- Just cause generally requires misconduct showing disobedience, insubordination, or disregard of the employer’s interests; an isolated lapse may be insufficient.
- An employer may require punctuality and reasonable attendance rules, but where prior practice has been lenient, strict discipline for tardiness requires clear, adequate notice of a genuine change in enforcement.
- Context matters in evaluating cause; fatigue from extra, unplanned work performed for the employer can weigh against treating a single late arrival as dischargeable misconduct.

## Conclusion

Because the employer had long tolerated minor production-time tardiness and did not clearly announce strict enforcement, and because Krizan’s isolated late arrival followed substantial unplanned overnight service for the station, the court held the discharge lacked just cause and affirmed an award of the remaining contract salary.


Krizan v. Storz Broad. Co., 145 So. 2d 636 (La. Ct. App. 1962)