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Diana Maier of Bushnell, Caplan, Fielding & Maier, LLP spoke on Saturday, February 24, 2007 in San Francisco, CA on theories of recovery for plaintiffs who file suits based on employment law issues.

One theory is the breach of the implied contract.  The breach of implied contract concept came about in employment at will cases when the employer has employed an individual for a long period of time, and given promotions, merit increases.  After a while, the employee has an implied contract that he/she will not be terminated without cause.  This theory may be eroding as a result of the Dore v. Arnold Worldwide, Inc. (2006) 39 Cal. 4^th 384, 392 case.  In Dore, the California Supreme Court held that when an employee has signed an at will document that contains clearly that the relationship is at will, there is nothing an individual can do to argue that the relationship was not at will if he/she is terminated.  Dore makes the employment relationship less special than before with the implied contract concept.