Ryll

MEMORANDUM **

Erich Ryll appeals the district court’s order granting Merck & Company’s motion for summary judgment on Ryll’s wrongful termination and defamation claims. Reviewing de novo, and viewing the evidence in the light most favorable to Ryll, we affirm.

In Guz v. Bechtel Nat’l Inc., 24 Cal.4th 317, 336-37 , 100 Cal.Rptr.2d 352, 365 , 8 P.3d 1089 (2000), the California Supreme Court identified several factors to apply in determining whether an implied-in-fact agreement exists that places limits on the employer’s right to discharge an employee. These factors include the personnel policies or practices of the employer, the employee’s longevity of service, actions or communications by the employer reflecting assurances of continued employment, and the practices of the industry in which the employee is engaged. Id.

As to Merck’s personnel policies and practices, Merck’s policy specifically provides that employment is at-will. Ryll’s lack of knowledge of this policy does not show that he was promised something other than at-will employment. Ryll’s reliance on Moses Johnson’s deposition testimony is misplaced. The California Supreme Court in Guz rejected almost identical…