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What about "at will" did you not understand?
August 03, 2006 by Ross Runkel at LawMemo
The contract said the job was "at will" meaning the employer "has the right to terminate your employment at any time."
The employee thought he could be fired "at any time" but not "for any reason."
Some lower California courts thought so too.
In Dore v. Arnold Worldwide Inc (California 08/03/2006) the contract said:
"Please know that as with all of our company employees, your employment with Arnold Communications, Inc. is at will. This simply means that Arnold Communications has the right to terminate your employment at any time just as you have the right to terminate your employment with Arnold Communications, Inc. at any time."
The employee tried to introduce evidence of oral representations, conduct, and documents that led him to reasonably understand that he would not be discharged except for cause. In other words, he claimed there was an implied-in-fact agreement that that he would not be discharged except for cause.
Lower California courts have been split on the question of whether a contract providing for termination "at any time" is susceptible to an interpretation allowing for the existence of an implied-in-fact agreement that discharge will occur only for cause.
The California Supreme Court held that the written contract was unambiguous, and that the term "at will" in an employment contract means "at any time without cause." Therefore, the "at will" provision could not be overcome by evidence of a prior or contemporaneous implied-in-fact contract requiring good cause.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
