Rotherham

MEMORANDUM ***

Rotherham failed to present sufficient evidence to create a genuine issue of material fact as to her implied-in-fact contract claim. California law presumes at-will employment where contract terms do not specify otherwise. Guz v. Bechtel Nat’l, Inc., 24 Cal.4th 317, 335 , 100 Cal. Rptr.2d 352 , 8 P.3d 1089 (2000) (citing Cal. Lab.Code § 2922). The Chapter’s Policies and Practices Manual, promulgated under Rotherham’s direction, reinforced the understanding that all Chapter employees were at-will. The National Board of Governor’s Policy also confirmed Rotherham’s at-will status. Although Rotherham’s evidence regarding her length of service and positive annual reviews is relevant to her claim, “longevity, raises and promotions without specific words or conduct by the employer negating at-will employment, will not suffice to raise a triable issue of fact.” Moreau v. Air France, 356 F.3d 942, 953 (9th Cir.2004) (citing Guz).

Even if Rotherham could establish an implied-in-fact contract, a reasonable jury could only conclude that defendants terminated her for cause. Defendants presented evidence that they terminated Rotherham because she had lost the trust and…