implied contract

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Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012)

Alan W. Faigin worked as an in-house attorney for Fremont General Corporation (which later became Signature Group Holdings) for 17 years before his employment was terminated for cause in March 2008. Faigin sued Fremont based on a number of theories, including breach of an implied-in-fact contract, and a jury returned a verdict…

Singh v. Southland Stone, U.S.A., Inc., 186 Cal.App.4th 338 (2010)

Gurpreet Singh moved from India to California to work as a general manager for Southland Stone. After Singh resigned and returned to India, he filed suit against Southland and its president (Ravinder S. Johar), alleging various contract and tort claims. The jury awarded Singh more than $980,000 for past and future noneconomic damages, economic damages, unpaid wages and punitive damages. The Court of Appeal affirmed the judgment in part (as to the denial of the breach of contract claim and the award of $6,800 in wages whose payment defendants conditioned upon Singh’s signing a release), but otherwise reversed the judgment. The Court reversed the judgment on the claim for breach of the implied covenant of good faith and fair dealing (because Singh was employed at will) and the claim for intentional infliction of emotional distress (because it was barred by the exclusive remedy of the Workers’ Compensation Act) and ordered the trial court to enter judgment for defendants on those claims.

Stillwell v. The Salvation Army, 167 Cal. App. 4th 360 (2008)

Arthur Stillwell sued The Salvation Army (“TSA”) for breach of an implied agreement to terminate his employment only for good cause. The jury found that TSA breached an implied agreement with Stillwell and awarded him more than $155,000 – but it also determined that Stillwell had executed an enforceable agreement that rendered his…

Blitz v. Fluor Enterprises, Inc., 115 Cal. App. 4th 185, 8 Cal. Rptr. 3d 833 (2004)

Mr. Blitz had been employed in a financial position at Raytheon in New Jersey for 12 years before he was contacted by a member of Fluor’s management team and offered a job in California. Before resigning his position with Raytheon and moving to California, Blitz told Fluor that…

Tomlinson v. Qualcomm, Inc., 97 Cal. App. 4th 934 (2002)

While working on a reduced schedule as part of a family leave of absence, Lona Tomlinson was selected for layoff and terminated. Tomlinson asserted that her termination violated the California Family Rights Act (CFRA), Cal. Gov’t Code § 12945.2, based on her contention that employees who are on family leave are “immune” from layoff…