Tomlinson

Tomlinson v. Qualcomm, Inc.

Good Law
118 Cal. Rptr. 2d 822·2002 Cal. App. LEXIS 3978·2002 Daily Journal DAR 4217·97 Cal. App. 4th 934·2002 Cal. Daily Op. Serv. 3376
Court of Appeal of CaliforniaApril 17, 2002D037347California4,993 words

Opinion

Opinion

McDonald, J.

Appellant Lona Tomlinson, an at-will employee of respondent Qualcomm, Inc., received a family leave of absence from her employment as provided by California’s Family Rights Act (Gov. Code, § 12945.2) (CFRA) and Qualcomm’s personnel policies. During Tomlinson’s family leave of absence, Qualcomm implemented a company-wide reduction in work force; Tomlinson was among the more than 300 employees whose employment was terminated. Tomlinson argues that the CFRA immunizes persons on family leave from employment termination. She alternatively argues that Qualcomm’s personnel polices superseded her at-will employment agreement by guaranteeing that she be reinstated to her job after completing her family leave. We are not persuaded by either argument and affirm the judgment.

I

Factual and Procedural Background

A. Tomlinson’s Employment Agreement

Tomlinson sought employment with Qualcomm in the fall of 1997 as a manager of business development. Her employment application specified that, if hired, her employment "would be on an at-will basis. On September 15, 1997, she began working for Qualcomm and signed an employment contract, entitled “Terms of Employment,” reiterating that…

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