Herbert E. Robards v. Gaylord Brothers, Inc.

Gaylord Brothers, Inc. appeals a jury verdict in favor of Herbert E. Robards in this diversity action alleging wrongful discharge under California law. Gaylord Brothers discharged Robards from its employ after thirty-five years of service. The jury awarded $200,000 in damages for breach of implied contract and negligent infliction of emotional distress. Gaylord Brothers contends that the district court lacked subject matter jurisdiction due to the presence of Doe defendants, that the breach of employment contract claim is barred by the statute of frauds, that the jury instructions were confusing, and that the negligent infliction of emotional distress claim is barred by California’s worker compensation laws. The case cuts across a number of areas of rapidly developing California state law in the field of employment relationships. We affirm.

The facts are not disputed. Gaylord Brothers manufactures and distributes library furniture, equipment, and supplies. Gaylord Brothers hired Robards as a sales representative in 1948. Robards held this position until he was terminated in 1984.

Apparently Robards’ performance was considered satisfactory until 1983. In June 1983, the employer’s…