Horn

—Appellant Bradco International, Ltd. (Bradco) appeals from a judgment entered on a jury verdict in favor of Robert J. Horn (Horn). The jury, finding Bradco had breached an implied employment contract with Horn by terminating him, awarded Horn $464,269 in damages for lost salary and benefits, both past and future, plus $55,000 for additional consequential damages. Finding also that Bradco had intentionally inflicted emotional distress on Horn, it awarded Horn $10,000 as compensatory damages and $200,000 as punitive damages. Additionally, it found Bradco had breached its statutory duties under Labor Code section 201 et seq. and awarded Horn $35,000 as compensation he had earned but had not received upon termination.

Bradco challenges only the first two elements of the judgment, essentially claiming no substantial evidence supports the finding that an implied contract existed or that emotional distress was intentionally inflicted upon Horn independent of the actions involved in the termination. Our review of the record convinces us the former finding is supported by substantial evidence, but the latter finding is not.

I. Factual Background

The evidence, viewed in the…