Lenk v. Total-Western, Inc

In Lenk v. Total-Western, Inc. (2001) 89 Cal.App.4th 959, Lenk, a former employee asserted that he had an agreement for a minimum one-year term of employment, by reason of language in his written employment agreement that a performance evaluation would be conducted after 12 months of employment. (Lenk, supra, 89 Cal.App.4th at pp. 969-970.) Rejecting this contention, the court held that the reference to a performance evaluation "'to be completed after twelve (12) months of employment'" could not be interpreted as guaranteeing a minimum one-year contract term. (Id. at p. 970.) In so holding, the court explained that the contract plainly did not contain any specific term of employment. Moreover, there was no evidence that the parties otherwise agreed that the employee would have a minimum one-year term of employment or would be terminated only for cause. (Id. at pp. 969-970.)