Conducting and playing all promotional and advertising events for all mediums, as well as the creation, implementation and any adjustments of all click tracks used for the performance throughout the tour . Appellant argues that the highlighted language supports his claim that the contract provided for employment for a definite term, the run of the tour, and therefore he could only be terminated for just cause. Where an employment arrangement does not contain a definite term, it will be presumed that the employment at-will rule applies. The Marsh court found that an employer's assurance that Marsh would be working as publisher for at least two years was not sufficiently definite to rebut the at-will employment presumption. 9 Appellant argues, however, that the entertainment industry is different from most industries because of the inherent uncertainty in the duration of any theatrical undertaking.
Courts are highly reluctant to make definite that which the parties themselves failed to do.
This paragraph supports rather than rebuts the presumption that appellant was an at-will employee. 11 Appellant also claims, however, that the parties' intention to create an employment contract that could only be terminated for cause can be gleaned from the surrounding circumstances. In Darlington , the court found that Darlington did not render additional consideration sufficient to overcome the at-will presumption by foregoing an opportunity for advancement with his former employer to take a position with General Electric, which he held for fifteen years. Likewise, the court found that neither the heavy travel schedule nor the additional teaching duties constituted additional consideration for a professional engineer such as Darlington. As a result, the court affirmed the trial court's entry of j.n.o.v.