Wilkinson v. ERWIN MILLS, INCORPORATED

108 S.E.2d 673, 250 N.C. 370, 1959 N.C. LEXIS 673, 37 Lab. Cas. (CCH) 65,648

Opinion

PeR Cueiam.

The plaintiff’s allegations and evidence insofar as his monthly salary is concerned show employment for a term of indefinite 'and unfixed duration. Such employment is terminable at the will of either party. If we disregard the letter and hold the plaintiff was discharged for causes other than failure to perform his services, nevertheless the defendant had the right to terminate plaintiff’s services for its own reasons. Under the terms of the employment, the plaintiff oouldi quit or the defendant could discharge him.

The evidence fails to show the plaintiff has not -received all benefits which he has a present right to demand from the defendant under its trust plan.

This disposition makes it unnecessary for u-s to-consider whether the lapse of time has barred plaintiff’s right to maintain this action or whether the change .of plaintiff’s position resulted in any financial loss.

The judgment of involuntary nonsuit is

Affirmed.