Prevost

Prevost v. First Western Bank

Good Law
193 Cal. App. 3d 1492·1987 Cal. App. LEXIS 1993·239 Cal. Rptr. 161
Court of Appeal of CaliforniaAugust 4, 1987D004601California3,728 words

Opinion

Opinion

Wiener, J.

Plaintiff Robert Prevost appeals from summary judgment entered in favor of defendant First Western Bank in an action arising from Prevost’s termination from employment and the bank’s accusation that he accepted a gratuity in connection with processing of loan. We conclude the court erred in granting First Western’s motion for summary judgment and therefore reverse.

Factual and Procedural Background

First Western hired Prevost as a loan officer on December 12, 1983, at a salary of $20,000 a year. Prevost’s duties included gathering data on loan applicants, evaluating that data and preparing loan packages for presentation to his superiors for approval. The terms of the oral employment agreement provided for a 90-day probationary period. First Western provided Prevost with a copy of its personnel policy manual which included the following paragraph regarding probationary status: “All new employees are hired on a trial basis for the first 3 months. This period gives the new employee time to see if he really likes the work and permits the bank to replace those who don’t measure up to our standards. Each new employee is to be reviewed at the end of the 3 month probationary…

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