Haycock

I. Introduction

Don H. Haycock (plaintiff) alleged he was constructively discharged from his employment with Hughes Aircraft Company (defendant) after more than 25 years with the company. The case was tried before a jury, which found in plaintiff’s favor. Defendant appeals contending: (1) it was error to deny defendant’s motion for judgment notwithstanding the verdict because there was insufficient evidence of a constructive discharge and damages; (2) the trial court improperly usurped the jury’s function in deciding, as a matter of law, an implied employment contract existed; (3) it was prejudicial error to give BAJI No. 10.02 on constructive discharge; and (4) it was prejudicial error to admit into evidence certain memoranda written by plaintiff without giving a limiting instruction. Plaintiff cross-appeals and argues it was error to grant a judgment of nonsuit as to plaintiff’s causes of action for termination in violation of public policy and defamation. In the published portion of this opinion, we address whether the legal issue of whether plaintiff was an “at-will” employee must have been submitted to the jury. We find it was error to decline, over defendant’s…