Foley v. Interactive Data Corp.

47 Cal.3d 654, 765 P.2d 373 (1988).

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Foley (P) informed his former supervisor that his new supervisor was under investigation by the FBI for embezzlement from his former employer. P asserts that he made this disclosure in the interest and for the benefit of his employer. P was told not to discuss rumors and to forget about Kuhne's past. Within three months, P was suddenly informed by Kuhne that for performance reasons he would have to accept a transfer to another division or face termination. P accepted the transfer and was further informed that he must agree to go on a performance plan. P agreed but was then given the opportunity to resign or be fired. P sued Interactive (D) for a breach of contract, tortuous discharge, and breach of the implied covenant of good faith. P was hired by D in 1976 and worked for six years and nine months with a steady series of salary increases and promotions, bonuses, awards, and superior performance reviews. D contends that officers of D made repeated oral assurances of job security so long as his performance remained adequate. P also contends that D had written termination guidelines with a mandatory seven-step pretermination procedure. Thus, P claimed that D could not discharge him except for good cause and therefore he refrained from accepting or pursuing other employment opportunities. The trial court dismissed all the claims. P filed two amended pleadings, and the trial court dismissed them all on demurrer from D. The Court of Appeals affirmed. P appealed.

Issues

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Holding & Decision

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Legal Analysis

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