Starzynski v. Capital Public Radio, Inc

In Starzynski v. Capital Public Radio, Inc. (2001) 88 Cal. App. 4th 33, the court rejected an analogous argument by an employee whose written at-will employment agreement specified "only the Board of Directors, by affirmative action, has the authority to change or make any agreement contrary to" the at-will agreement. ( Id. at p. 36.) The court held that the employee, having agreed to a specific and exclusive manner by which the at-will agreement could be amended, could not assert that the agreement was amended by acts other than affirmative action by the board of directors. ( Id. at pp. 38-39.) In that case, the employee worked for the company for 12 years before signing an " 'Employment At-Will Contract And Acknowledgment Form' " that provided in similar language to the Acknowledgment before us: " 'I understand and agree that my employment is At-Will and that either the employer or I may terminate the employment relationship at any time, with or without cause or advance notice.' " (Id. at p. 36) The employee in Starzynski continued to be given assurances, both before and after signing the acknowledgment, that he would not be terminated as long as his performance was satisfactory. The court rejected his claim of breach of an implied-in-fact contract that he would not be terminated without good cause. The written agreement, signed by the employee, "clearly and unambiguously told him that his employment was at will" and further provided that this employment relationship could be changed only by the Board of Directors. (Id. at p. 38.) The court found that " 'the express term is controlling even if it is not contained in an integrated employment contract. Thus, the . . . at- will agreement precluded the existence of an implied contract requiring good cause for termination.' " (Id. at p. 38.) "Oral assurances of continued employment cannot create an implied contract in the face of the written acknowledgement signed by plaintiff that his employment was at will." (Starzynski v. Capital Public Radio, Inc., supra, 88 Cal.App.4th at p. 38.)