Salsgiver v. America Online, Inc.

MEMORANDUM ***

Mark Salsgiver (“Salsgiver”) appeals the dismissal under Fed.R.Civ.P. 12(b)(6) of his California state law claims against America Online, Inc. (“AOL”). Salsgiver argues that despite his express letter agreement with AOL that his employment was “at-will,” he alleged facts sufficient to state claims for breach of contract (express or implied), breach of the implied covenant of good faith and fair dealing, fraud, promissory estoppel and breach of fiduciary duty, all stemming from AOL’s termination of his employment before certain of his employee incentive stock options vested. This…