Dore

Plaintiff alleges against his former employer various causes of action in connection with his termination. The trial court granted the employer summary judgment, but the Court of Appeal reversed. We agree with the trial court and, accordingly, reverse the judgment of the Court of Appeal.

Plaintiff Brook Dore was employed with an advertising agency in Colorado as a regional account director specializing in automobile accounts. In late 1998, Dore discussed with his employer the possibility of relocating to the employer's Los Angeles office.

In 1999, Dore learned that a management supervisor position was available in the Los Angeles office of defendant Arnold Worldwide, Inc., formerly known as Arnold Communications, Inc., (hereafter AWI). Dore interviewed with several AWI officers and employees. According to Dore, he was never told during the interview process that his employment would be terminable without cause or "at will." Dore alleges he was told that AWI had landed a new automobile account and needed someone to handle it on a long-term basis. He also was told that, if hired, he would "play a critical role in growing the agency," that AWI was looking for "a…

*387 Opinion

Plaintiff alleges against his former employer various causes of action in connection with his termination. The trial court granted the employer summary judgment, but the Court of Appeal reversed. We agree with the trial court and, accordingly, reverse the judgment of the Court of Appeal.

Background

Plaintiff Brook Dore was employed with an advertising agency in Colorado as a regional account director specializing in automobile accounts. In late 1998, Dore discussed with his employer the possibility of relocating to the employer’s Los Angeles office.

In 1999, Dore learned that a management supervisor position was available in the Los Angeles office of defendant Arnold Worldwide, Inc., formerly known as Arnold Communications, Inc., (hereafter AWI). Dore interviewed with several AWI officers and employees. According to Dore, he was never told during the interview process that his employment would be terminable without cause or “at will.” Dore alleges he was told that AWI had landed a new automobile account and needed someone to handle it on a long-term basis. He also was told that, if hired, he would “play a critical role in growing the agency,” that AWI was looking…

I agree with the result reached by the majority and with the bulk of their reasoning. Dore signed, and admitted he read, understood, and did not disagree with, Arnold Worldwide’s (AWI) letter stating the terms of his employment. This letter could hardly have made it clearer that the employment was “at will.” The letter used that exact phrase, the meaning of which admits no ambiguity. Nor did the letter introduce ambiguity by saying further that this meant Dore could be terminated “at any time[,] just as [Dore] ha[d] the right to terminate [his] employment with [AWI] at any time.” On the contrary, that is precisely how our statutory law explains the concept of “at will” employment. (See Lab. Code, § 2922 [“An employment, having no specified term, may be terminated at the will of either party on notice to the other.” (Italics added.)].)

No rational person could believe this language meant both parties were obliged to continue the employment relationship except upon “good cause.” The words “at will” and “at any time,” as used in the letter, would make no sense if the parties really meant the opposite—that good cause was required for termination.

It follows beyond doubt that the…

I concur in the majority opinion, but write separately to emphasize one point.

The majority devotes substantial attention to employment agreements that authorize termination “upon notice,” or after a specified notice period. (Maj. opn., ante, at pp. 388-391, discussing Bionghi v. Metropolitan Water Dist. (1999) 70 Cal.App.4th 1358 [ 83 Cal.Rptr.2d 388 ] and Wallis v. Farmers Group, Inc. (1990) 220 Cal.App.3d 718 [ 269 Cal.Rptr. 299 ].) But the written agreement before us did not use the words “upon notice,” or any equivalent phrasing. Instead, the agreement allowed for termination “at any time.” Our analysis is properly directed at this “at any time” language. The majority has no occasion to express, and does not express, any view as to whether providing for termination “upon notice” also connotes a mutual intention to create an at-will employment arrangement. (See maj. opn., ante, at pp. 390-391.)

*397 In my view, a provision that allows for termination “upon notice” does not, by itself, shed light on whether the parties intended an at-will employment contract, or a relationship terminable only for cause. I concur in the majority opinion with the understanding that it takes no…