Parrott v. Samsung Elecs. Am., Inc.

2 Citing cases

  1. Harrison v. Osawatomie State Hosp.

    No. 20-2565-DDC-GEB (D. Kan. Mar. 1, 2022)

    And even when a plaintiff alleges policies, procedures, or handbooks-more than plaintiff has alleged here-they nonetheless may fail to allege a plausible implied contract claim. See Parrott v. Samsung Elecs. Am., Inc., No. 18-2502-DDC-TJJ, 2019 WL 1058196, at *3 (D. Kan. Mar. 6, 2019) (concluding complaint's allegations about defendant's discrimination policies and procedures were insufficient to survive motion to dismiss); see also Klaassen v. Univ. of Kan. Sch. of Med., 84 F.Supp.3d 1228, 1255 (D. Kan. 2015) (concluding plaintiff hadn't sufficiently pleaded an implied contract where complaint relied solely on defendant's employment handbook to show implied contract); Moreno-Woods v. T-Mobile USA, Inc, No. 11-1314-RDR 2012 WL 887602, at *3 (D. Kan. Mar. 14, 2012) (dismissing plaintiffs breach of implied contract claim because complaint's allegations about interview process and company handbook were too general). Plaintiff cites several cases that illustrate “that ordinarily the existence of an implied contract is question of fact”-but those cases also illustrate why plaintiff's allegations come up short.

  2. Charbonneau v. Mortg. Lenders of Am., L.L.C.

    Case No. 2:18-cv-2062-HLT-ADM (D. Kan. Jun. 30, 2020)   Cited 4 times

    See Apperson v. Sec. State Bank, 528 P.2d 1211, 1219 (Kan. 1974) ("[A]n agreement to do or the doing of that which a person is already bound to do does not constitute a sufficient consideration for a new promise."). This commitment does not create an enforceable contractual provision as a matter of law.See Parrott v. Samsung Elecs. Am., Inc., 2019 WL 1058196, at *3-4 (D. Kan. 2019) (collecting cases and declining to recognize a breach of implied contract claim based on an employer's stated intent to comply with anti-discrimination laws). Indeed, Plaintiff also brought FLSA claims for overtime, so he will still be pursuing the same money through different channels.