Salsgiver

ORDER GRANTING DEFENDANT’S 12(B)(6) MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT

This matter comes before the Court on Defendant America Online, Inc.’s Motion to Dismiss Plaintiff Mark Salsgiver’s First Amended Complaint. At issue is whether Plaintiffs claims arising out of his termination from Defendant’s employment are viable, given that Plaintiff signed a letter agreeing that his employment was to be at will. The Court deems this motion appropriate for decision without oral argument. See Fed.R.Civ.P. 78; Local Rule 7.11. Accordingly, the hearing set for October 16, 2000 at 8:30 a.m. is hereby removed from the Court’s calendar. After consideration of the moving, opposing, and replying papers, as well as the First Amended Complaint and documents attached to it, the Court GRANTS Defendant’s Motion to Dismiss.

I.

BACKGROUND

Plaintiff Mark Salsgiver was an employee of Defendant America Online, Inc. from August 1996 until April 1999, when Defendant terminated his employment. On August 1, 1996, prior to beginning work, Plaintiff signed a letter of agreement with Defendant. See First Am. Compl., Ex. A. The letter is from Defendant to Plaintiff, written on Defendant’s…