In Sawyer v. Mills, 295 S. W. 3d 79, 2009 Ky. Lexis 195 (Supreme Court of Kentucky) a paralegal who had been orally promised a bonus of $1,065,000 was deprived of the bonus in a dispute because no written agreement existed as to the bonus as would have been required by the Statute of Frauds. That an agreement was had was beyond dispute because there existed a (secret) recording detailing the promise of the bonus between the paralegal and his/her employer. The Statute of Frauds requires certain types of contracts (such as contracts to buy or sale land) to be both made in writing and executed with the signatures of all the parties involved.
This requirement was clearly not met. Further, the undisclosed recording of the agreement constitutes a crime. Was a fair result handed down in this matter? What, if anything, would you do to modify the Court’s decision?
