Randell

Randell v. Levi Strauss & Co.

Good Law
281 F. App'x 762
United States Court of Appeals for the Ninth CircuitJune 9, 2008No. 06-16125California454 words

Opinion

Lead Opinion

MEMORANDUM ***

Tonia Randell appeals the grant of summary judgment for defendants. Randell’s claims stem from her employment with Levi Strauss & Company, and the termination of that employment. We affirm for the reasons stated by the district court.

Randell thrice agreed in writing that her employment was terminable at will. Managers’ oral representations that the company was fair, that Randell could retire from the company if she chose, and that Randell could remain with the company as long as she did her job, are insufficient to overcome the presumption of at-will employment. Tomlinson v. Qualcomm, Inc., 97 Cal.App.4th 934, 944 , 118 Cal.Rptr.2d 822 (2002). Randell did not reasonably rely on the representations as guarantees of her future with the company. Slivinsky v. Watkins-Johnson Co., 221 Cal.App.3d 799, 807 , 270 Cal.Rptr. 585 (1990). Because there was no express or implied contract limiting the company’s ability to terminate Randell, Randell cannot establish an implied contract term of a covenant of good faith and fair dealing. Starzyuski v. Capital Public Radio, Inc., 88 Cal.App.4th 33 , 39, 105 Cal.Rptr.2d 525 (2001).

In any event, a reasonable trier of fact could…

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