Facts

Plaintiff Mitchell Goldman filed suit against his former employer North Bay Secondary School Inc. dba Orinda Academy, an accredited private school, in relation to his termination.

PLAINTIFF'S CONTENTIONS:Plaintiff worked for defendant for 27 years in various positions. Plaintiff alleged defendant breached its contract, as well as breached its implied covenant of good faith and fair dealing. Plaintiff contended defendant hired him as a full-time math teacher in January 1988, but he also worked in various positions that included Assistant Head of School until 2007. Plaintiff contended he resigned as Assistant Head of School because the administrative details left him frustrated and unhappy, but nonetheless plaintiff still remained employed. Plaintiff contended in 2016 he and Ronald Graydon, the former Head of School for Orinda Academy, formed a written employment contract for the 2016-2017 school year. Plaintiff asked Graydon to reduce his work because the prior school year had been difficult. Plaintiff contended he even personally proposed to take a $1,000 pay cut per month to reflect his reduced duties. Plaintiff also contended he had an implied contract with defendant for the 2016-2017 school year based on his long history and experiences at the school. Plaintiff contended he was terminated as an at will employee, but because he had a formerly written contract for a specified term via email with Graydon, the former head of school, plaintiff could only be terminated for cause.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions and filed a motion to dismiss. Defendant contended it was entitled to summary judgment because plaintiff failed to overcome his status as an at will employee, which he was advised of, through his new Staff Member Handbook, based on Labor Code Section 2922. Defendant further contended, even if plaintiff established a written contract existed, plaintiff was terminated based on good cause and defendant was justified when it fired plaintiff because he failed to meet the demands of the job. Defendant lastly contended there was no breach of an implied covenant in a contract because here no contract ever existed.

Result

The court dismissed the case with prejudice after it concluded the June 16, 2016 email failed to create a legally binding contract, no written contract was actually signed by the former Head of School, and plaintiff remained an at will employee who could be terminated without cause.