Legal Opinion

DiGiacinto v. Ameriko-Omserv Corp.

California Court of Appeal

Decided November 25, 1997No. B114523PublishedCited by 34 opinions

1Opinion of the Court

Opinion

LILLIE, P. J.

Defendant (hereinafter referred to as Ameriko-Omserv)

appeals from a judgment of the municipal court 1 awarding plaintiff $19,820.40 in damages on his claim for breach of his employment contract as an at-will employee, after Ameriko-Omserv reduced plaintiff’s rate of pay. The issue on appeal is whether the employer of an at-will employee is liable for breach of contract when the employer notifies the employee of a prospective change in his rate of compensation and thereafter the employee continues in employment. This appears to be an issue of first impression under…

2Cases cited21 opinions

  1. Hathaway v. General Mills, Inc.Texas Supreme Court · 1986
  2. Consolidated Theatres, Inc. v. Theatrical Stage Employees Union, Local 16California Supreme Court · 1968
  3. Curtis 1000, Incorporated v. Roy H. Suess and American Business Forms, IncorporatedCourt of Appeals for the Seventh Circuit · 1994
  4. Scott v. Pacific Gas & Electric Co.California Supreme Court · 1995
  5. Michael Simpson, D/B/A Delta Enterprises v. Norwesco, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1978

16 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Oto, L. L.C. v. KhoCalifornia Supreme Court · 2019
  2. Craig v. Brown & Root, Inc.California Court of Appeal · 2000
  3. Singh v. Southland Stone, U.S.A., Inc.California Court of Appeal · 2010
  4. Baldonado v. Wynn Las Vegas, LLCNevada Supreme Court · 2008
  5. Schachter v. Citigroup, Inc.California Supreme Court · 2009

29 more not listed; retrieve them via the Exa API.

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