Stokes

In this case the plaintiff employees made preparations to establish a competing business. The central issue on appeal is whether the defendant employer had good cause to terminate the employment of plaintiffs under the circumstances. We hold that it did.

Plaintiffs Kenneth E. Stokes and Harley G. Embrey appeal from a summary judgment entered in favor of defendant Dole Nut Company (Dole) in their action for wrongful termination. The matter was submitted to the trial court upon the motions of both sides for summary judgment and was based upon a joint statement of undisputed facts. Under the circumstances presented, the only issues on appeal are whether Dole had sufficient cause to terminate the employment of Stokes and Embrey and, if not, whether the evidence compels the conclusion that their employment was not at will.* We agree with the trial court that Dole had sufficient cause for termination and shall affirm the judgment.

Factual and Procedural Background

Plaintiffs’ employment with Dole was terminated on August 13, 1991, effective August 16, 1991. Thereafter they timely commenced this litigation. The causes of action relevant to this appeal are the first and second…