Cotran v. Rollins Hudig Hall International, Inc.

Opinion

BROWN, J.

When an employee hired under an implied agreement not to be dismissed except for “good cause” is fired for misconduct and challenges the termination in court, what is the role of the jury in deciding whether misconduct occurred? Does it decide whether the acts that led to the decision to terminate happened? Or is its role to decide whether the employer had reasonable grounds for believing they happened and otherwise acted fairly? The Courts of Appeal are divided over the question. The majority of California decisions suggest the jury’s role is to decide whether the employer…