## Facts

- McGraw-Hill recruited Walton L. Weiner from another publisher and allegedly assured him the company had a firm policy of terminating employees only for “just cause,” offering job security as a hiring inducement.
- Weiner completed a written employment application stating his employment would be subject to McGraw-Hill’s personnel handbook on policies and procedures.
- The handbook stated the company would dismiss employees only for “just and sufficient cause” and only after practical rehabilitation efforts had been tried and failed.
- Weiner alleged he relied on these assurances and written policies by leaving his prior job, forfeiting benefits and anticipated increases, and later rejecting other employment opportunities.
- After about eight years of employment, McGraw-Hill terminated Weiner, citing “lack of application.”
- Weiner sued for breach of contract, alleging discharge without “just and sufficient cause” and without the handbook’s required rehabilitative efforts.

## Issues

1. Whether an employee hired for an indefinite term can state a breach-of-contract claim based on alleged hiring assurances and handbook provisions limiting discharge to “just and sufficient cause.”
2. Whether alleged detrimental reliance (leaving prior employment and forgoing benefits and opportunities) can supply consideration supporting an enforceable limitation on the employer’s right to discharge.
3. On a CPLR 3211(a)(7) motion, whether these allegations, taken as true, are sufficient to overcome the presumption of employment at will at the pleading stage.

## Decision

- The Court of Appeals reversed the Appellate Division and reinstated the complaint.
- The court held that, accepting the allegations as true and giving them the most favorable intendment, Weiner stated a cause of action for breach of contract.
- The court did not decide whether McGraw-Hill in fact breached; it held only that the pleadings were sufficient to proceed.

## Legal Principles

- In New York, employment for an indefinite term is generally terminable at will, but the presumption may be altered by an express limitation in the individual employment agreement.
- Personnel handbook provisions may be enforceable contractual terms when the writings are tied to the employment relationship (including by incorporation through an application) and use mandatory language suggesting an intent to be bound.
- Oral assurances made to induce acceptance of employment, when coupled with incorporated written policies, may support a contractual limitation on discharge.
- Alleged detrimental reliance—such as leaving secure employment and forfeiting benefits or opportunities—may constitute consideration for an employer’s promise to discharge only for cause.
- On a motion to dismiss for failure to state a claim, the court accepts the pleaded facts as true and asks whether, on any reasonable view, the plaintiff has stated a viable claim.

## Conclusion

The court held that an at-will employee may plead a breach-of-contract claim when the employer allegedly promised discharge only for just cause, incorporated mandatory handbook procedures into the employment relationship, and the employee plausibly alleged reliance and consideration supporting that limitation.


Weiner v. McGraw-Hill, Inc., 57 N.Y.2d 458 (1982)