Embry was an employee of Hargadine, McKittrick Company. His employment contract was up for renewal, and he could not get a definite "Yes" or "No" from his employers. Finally, Embry cornered McKittrick and said he needed to know his contract was renewed; otherwise, he would have to quit immediately to seek new employment.
Embry supervised more than one hundred sales people, and, in response to Embry's question McKittrick said: "Go ahead, you're all right. Get your men out, and don't let that worry you."The question before the court was whether McKittrick made a promise of continued employment to Embry said, "Go ahead, you're all right. Get your men out, and don't let that worry you."
The court applied the Objective Intent Test and concluded the McKittrick did make a promise of continued employment.