Cleary

Cleary v. American Airlines, Inc.

Good Law
111 Cal. App. 3d 443·168 Cal. Rptr. 722·1980 Cal. App. LEXIS 2368·1 I.E.R. Cas. (BNA) 122·115 L.R.R.M. (BNA) 3030
Court of Appeal of CaliforniaOctober 29, 1980Civ. 57920California4,308 words

Opinion

Opinion

Acting, J.

By a fifth amended complaint, plaintiff Lawrence M. Cleary sought both compensatory and punitive damages from his former employer, defendant American Airlines, Inc. One cause of action was for a breach of an oral contract—the wrongful discharge from employment. He also charged both his employer and certain named employees of the airline with the torts of wrongful interference with business relationship and wrongful inducement of breach of contract. Defendants demurred to this fifth amended complaint. The trial court sustained the demurrers without leave to amend and entered a judgment of dismissal pursuant to Code of Civil Procedure section 581, subdivision 3. Plaintiff has taken a timely appeal from the judgment.

At issue on this appeal are the circumstances, if any, under which a long-term employee such as plaintiff, hired pursuant to an oral contract of employment for an unspecified term, may recover damages from his employer on a theory of wrongful discharge. We are also required to consider whether there is any liability on the part of certain of plaintiff’s fellow employees for their conduct as participants in the events which led to plaintiff’s termination.

We…

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