In Bernard v. State Farm Mutual Automobile Insurance, plaintiff sued his employer for constructive discharge and "breach of covenant of good faith and fair dealing," claiming it misrepresented its sales program requirements. Plaintiff claimed the company had a termination for cause only policy. However, he had signed the following at will agreement: "You or State Farm have the right to terminate this Agreement by written notice delivered to the other or mailed to the other’s last known address." The termination provision also provided for termination upon specified notice. The court found that this provision negated any arguments that the company needed good cause for termination.
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The Labor & Employment Group is dedicated to providing up-to-date, useful information to allow employers and human resources professionals to react to rapidly evolving case law, statutes, and regulations that control the California workplace. This blog’s objective is to serve as a forum to discuss labor and employment topics, issues and legal news.