Free Trial / Sign Up Products / Prices / Samples About Us / Contact FAQs Home
Latest employment law cases  
Summaries and links to full text

LawMemo - First in Employment Law

Emailed directly to you
and online all the time
Latest Cases Key Word Search Law Firm Directory Arbitrator Directory Law School Directory Legal Resources / Memos
Employment Law Memo
Arbitration Law Memo
NLRB Law Memo
Employment Law Blog
Arbitration Law Blog
Employment Law 101
Articles
Supreme Court Cases
EEOC Info
NLRB Info

LawMemo Employment Law Blog 
All Archives    |    All Archives By Topic 
Also read LawMemo Arbitration Blog


« President nominates Liebman for another NLRB term | Main | Unanimous NLRB gives guidance on successor's obligation to hire »

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.

LawMemo.Com


EEOC | NLRB | Supreme CourtEmployment Law BlogArbitration Blog | Employment Law 101

 
Google
 
Web www.LawMemo.com 
This form will search the LawMemo web site. 
It does not include Advanced Search.