California Employment Law
California Employment Law Questions Answered by Legal Experts
regarding the exception to at will emplyment under good faith and fair dealing exception: My performance was stellar as shown by performance reviews. This week VP appointed a new 2nd level manager over my manager. He had one on one with me Thursday saying he will insist on my making changes. Persons who left the company know how crude he is. He was crude to us. I complained to VP and CEO about many detailed complaints in email and asked for reassignment. He said this wont be allowed, there are no other openings he would not address my complaints that the guy was crude. I responded in email and copied CEO that I thought he was hypocritical expecting people to believe that he was the serious Christian he always wants to say he is and that this was double talk. I said he was lying for convenience and that God was watching his every move and that he knows very well that this guy is crude because many have complained and resigned. The next day without any discussion at all, HR said I was being terminated and walked me out the door. This appears to me to be termination based on malice. Do I have a case? If my employment aggreement said complaints can only be dealt with by arbitration, am I refused to use threats of a court case or jury trial in this case?
I lost 25% of my stock options which were to vest in 14 days as well as loss to all future value of the options on acquisition or going public. I also lost an enjoyable job and other employers are asking me to accept less pay. I was earning $135,000. Only 2 weeks severence was given
From Wikipedia: on at will under good faith and fair dealing which courts recognize in California:
This exception for a covenant of good faith and fair dealing represents the most significant departure from the traditional employment-at-will doctrine. Rather than narrowly prohibiting terminations based on public policy or an implied contract, this exception – at its broadest – reads a covenant of good faith and fair dealing into every employment relationship. It has been interpreted, by some courts, to mean either that employer personnel decisions are subject to a “just-cause” standard or that terminations made in bad faith or motivated by malice are prohibited
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