Seth is a student in the Master of Business Administration program at Elite University in California. Before graduation, he is offered a coveted high-paying job at the famous investment bank, Morgan Sacks & Co., in New York City. He also has several other offers at locations around the country. Ultimately he decides that the opportunity is best at Morgan, so he accepts the job on March 1. After graduating, he packs up his few belongings, flies to New York, rents a small apartment in the Tribeca area, and on July 1 he starts work. He never signs any written employment agreement with Morgan. Two months later, on September 1, he is fired for incompetence and insubordination. Seth sues, claiming that when he was being recruited he was orally promised that his initial contract term would be two years, and that he would not be fired within that time. Morgan responds by denying any such statements were made, that it has never made any such promises to any new employee, and it moves to dismiss because the alleged contract is not in writing. What result and why? Consider Restatement (Second) of Contracts § 139 in connection with this problem.
