Alfred F. Tonry v. Security Experts, Inc., and Robert Foglia

20 F.3d 967 127 Lab.Cas. P 57,660 , 28 Fed.R.Serv.3d 715 , 9 Indiv.Empl.Rts.Cas. (BNA) 522 Alfred F. TONRY, Plaintiff-Appellee, v. SECURITY EXPERTS, INC., Defendant-Appellant, and Robert FOGLIA, Defendant. No. 92-15505. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1993. Decided March 28, 1994. 1 Randolph C. Roeder, Littler, Mendelson, Fastiff & Tichy, San Francisco, CA, for defendant-appellant. 2 John R. Clifford, Hyde & Drath, San Francisco, CA, for plaintiff-appellee. 3 Appeal from the United States District Court for the Northern District of California. 4 Before: CANBY, and NOONAN, Circuit Judges, and HUFF, District Judge. * OPINION HUFF, District Judge: 5 Security Experts, Incorporated ("SEI") appeals the district court's judgment in favor of Alfred F. Tonry's action for breach of an implied employment contract action. SEI also appeals the district court's dismissal of its counterclaims for breach of the duty of loyalty and the implied covenant of good faith and fair dealing. Finally, it appeals the district court's award of damages. We affirm. BACKGROUND 6 In July 1979, Alfred F. Tonry ended his seventeen-year police career to begin…

Security Experts, Incorporated (“SEI”) appeals the district court’s judgment in favor of Alfred F. Tonry’s action for breach of an implied employment contract action. SEI also appeals the district court’s dismissal of its counterclaims for breach of the duty of loyalty and the implied covenant of good faith and fair dealing. Finally, it appeals the district court’s award of damages. We affirm.

BACKGROUND

In July 1979, Alfred F. Tonry ended his seventeen-year police career to begin employment with SEL SEI is a New York corporation which was founded in 1978 to provide professional security service for major commercial clients at certain United States airports. Although Tonry joined SEI at its New York facility, he relocated to open, operate and manage SEI’s San Francisco facility in 1980. At that time, SEI promoted Tonry to the position of division manager and increased his annual salary from $30,000 to $40,000.

Tonry continued in the position of division manager until November 11, 1987. His annual salary during that period rose to a high of over $65,000 (plus bonuses). SEI also provided Tonry with disability insurance and health benefits for his family and a company…

concurring:

I concur in the opinion and judgment. However, I would award sanctions for breach of our rules. The particular violation is one of first impression, but the rules are old and well-known and should be enforced.