Zilmer

Plaintiff and appellant Dean David Zilmer sued defendants and respondents Carnation Company (Carnation), and supervisory employees Mortimer Adams and Arthur Pate, and various Does for wrongful termination of employment, breach of an implied-in-fact contract, breach of the implied covenant of good faith and fair dealing, and fraud. He thereafter substituted the Nestle Corporation (Nestle) in place and stead of one of the Does. The trial court sustained the demurrer of Carnation and Adams to the complaint with leave to amend; the parties stipulated that the order was also effective as to Nestle. Plaintiff elected not to amend, and dismissed the action. He appeals from the order of dismissal. We affirm the order as to the first and fourth causes of action, reverse the order as to the second and third causes of action, and remand the matter with directions.

Facts

Plaintiff alleged he was constructively discharged by Carnation and Nestle on December 31, 1986, after 31 years of loyal and devoted service during which he rose from the position of office management trainee to division controller of the largest division of the company. In December of 1985, Pate and Adams, who…