McLain
McLain v. Great American Insurance Companies
Opinion
Opinion
Elia, J.
This is an action for wrongful termination of employment brought by respondent E. Robert McLain against appellants Great American Insurance Companies, Great American West, Inc., American Financial Corporation, Rose Ann Herman and Kemper Eakle. The jury returned a general verdict for McLain and awarded him $62,000 in compensatory damages. We affirm.
Facts and Procedural Background
In 1984, McLain was employed with an independent adjusting firm in San Jose. In February 1984, McLain was assigned to temporarily work in the Great American offices in Walnut Creek. While working in Walnut Creek, McLain became friendly with Don Kustaborder, a division manager of Great American. Kustaborder told McLain he needed two specialists and apprised McLain of employment opportunities available with Great American. Kustaborder emphasized that Great American was one of the highest paying companies in the industry and had a lucrative bonus package for its managers.
McLain was content with his $40,000 salary at the independent adjusting firm but was attracted by Kustaborder’s description of the opportunities available with Great American and because Great American was a large, national…