DORE V. ARNOLD WORLDWIDE, INC. 39 Cal. 4th 384 (2006) CASE BRIEF

DORE V. ARNOLD WORLDWIDE, INC.

39 Cal. 4th 384 (2006)

NATURE OF THE CASE: Dore (P) former employee sued Arnold (D) former employer in connection with his termination, alleging breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud. The court granted summary judgment for D on the ground that P could not establish an agreement that his employment was terminable only for cause. The Court of Appeal reversed. D appealed.

FACTS: P was employed with an advertising agency as a regional account director specializing in automobile accounts. In 1999, P learned that a management supervisor position was available in the Los Angeles office of D. P interviewed and was never told during the interview process that his employment would be terminable without cause or 'at will.' P alleges D was looking for 'a long-term fix, not a Band-Aid,' and that D employees were treated like family. P learned that the two people previously holding the position for which he was being considered had been terminated for cause one for committing financial indiscretions, the other because his work had not satisfied a client. D offered the job to P and P orally accepted. The confirmation letter clearly stated that the position was at will. P read and signed the letter. D terminated P's employment in August 2001. P sued D for breach of contract, breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress, fraud, and negligent misrepresentation. D filed a motion for summary judgment. D's motion was granted as P could not establish the existence of either an express or an implied in fact agreement that his employment was terminable only for cause. P appealed. The Court of Appeal affirmed in part and reversed in part. It remanded the matter to the trial court with directions to vacate its order granting summary judgment to D. D appealed.

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