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JUDICIAL UPDATES Fired Employee Fails to Overcome At-will Language of Employment Contract In Dore v. Arnold Worldwide, Inc. (California Supreme Court Case No. S124494) the California Supreme Court rejected the claim of an employee who contended that the alleged “at-will” language in his written employment contract was unclear and ambiguous about whether he could be terminated without cause. During the interview process, Brooke Dore (“Employee”) was never told by anyone at Arnold Worldwide (“Employer”) that his employment would be terminable without cause or “at-will.” Also, representatives of Employer told Employee that they wanted to hire someone for the long-term, and that company employees were treated like family. Later, Employee received a lengthy letter from a senior vice president of Employer confirming a job offer. The letter contained a paragraph stating that, like with all other Employees, Employee’s employment is at-will, meaning that the company has the right to terminate employment at any time, just as he, the employee, has the right to terminate at any time. Employee signed and returned the letter to signify his acceptance of these employment terms. After the company terminated Employee’s employment, he sued for breach of contract and related causes of action. The Supreme Court upheld the trial court’s grant of summary judgment in favor of Employer. The court found that the at-will language was not ambiguous or susceptible to other interpretations. It specifically rejected Employee’s claim that the use of the phrase “at any time” in the at-will provision of the employment contract was ambiguous simply because there was no mention of whether cause was required for termination. This decision reinforces the need for employers to include strong “at-will” language in job applications, offer letters, employment contracts, and employee handbooks.
If you would like to discuss these or
any other employment law matters, please do not hesitate to contact any
member of Klinedinst's Employment
Law Department.
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