Gerald F. Venable v. Hickerson Phelps

Appellant Gerald F. Venable (Venable) filed suit against Hickerson Phelps Kirtley & Associates, Inc. (Hickerson Phelps) alleging two counts of breach of contract. For Count I, Venable alleged Hickerson Phelps breached a two-year employment contract; for Count II, Venable claimed Hickerson Phelps breached a separate contract to pay him a bonus. The trial court granted Hickerson Phelps' motion to dismiss, and Venable appeals. We affirm in part and reverse in part. According to the petition and briefs on appeal, prior to February 15, 1993, Venable was a full time employee of Bernstein-Rein Advertising, Inc. with full benefits including participation in its 401-k program. In the months before February 15, 1993, the chairman of Hickerson Phelps, Ken Hickerson, contacted Venable on several occasions suggesting that Venable consider employment with Hickerson Phelps. Initially, Venable advised Ken Hickerson that he was content with his current position and wanted to work there two more years until retiring at age 63.