Robert Paul v. McDonnell Douglas Corporation
Published: Jul. 8, 2000 | Result Date: Jan. 13, 2000 | Filing Date: Jan. 1, 1900 |Case number: NC013790 Bench Decision – $0
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Mark T. Quigley
(Greene, Broillet & Wheeler LLP)
Defendant
Jeffrey P. Fuchsman
(Ballard, Rosenberg, Golper & Savitt LLP)
John B. Golper
(ADR Services)
Facts
In September 1991, defendant hired plaintiff as the vice president and general manager of supplier management
at defendantÆs Douglas Aircraft Company component in Long Beach. In this position, plaintiff was the highest-
level executive specifically responsible for the procurement from outside suppliers of parts that were used in
the manufacture of commercial aircraft. Plaintiff was specifically hired to develop comprehensive strategies to
lower supplier costs.
Defendant negotiated a written contract with plaintiff that expressly gave it total discretion to terminate
plaintiffÆs employment "at will," in exchange for a specific compensation package. After plaintiff was hired,
defendant undertook large-scale massive reductions in work force and other cost reduction measures.
Defendant made internal cash and cost estimates with regard to the company that reflected internal company
goals. Plaintiff was aware of these figures and believed that these goals were difficult to meet.
In late 1992, defendant decided to reorganize the Supplier Management Section and replace plaintiff with a
long-term, experienced executive who was completing an overseas assignment.
Defendant terminated plaintiff effective March 19, 1993.
Result
THIS IS FOR JULY 7, EMPLOYMENT LAW ISSUE
Other Information
The plaintiff filed a motion for new trial, which was denied. Plaintiff has filed an appeal of the summary judgment ruling. Plaintiff's wrongful termination claim was initially dismissed on demurrer. His claims for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud and violation of Labor Code Section 970 were dismissed on summary judgment. In granting summary judgment for the defendant, the court held that plaintiff's employment was terminable at will. On appeal, the court reversed the demurrer but upheld the summary judgment. On remand, the only remaining cause of action was for wrongful termination. In granting summary judgment for the defendant, the court held that plaintiff failed to establish a triable issue that his alleged complaints rose to the level of a public policy violation.
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