Facts After 32 years of employment with See’s Candies Wayne Pugh was fired.

Claiming breach of contract for reasons that would offend public policy Pugh filed suit seeking compensatory and punitive damages.

Procedural Pugh filed suit against See’s Candies for wrongful termination: breach of contract and for offending public policy. Pugh sought compensatory and punitive damages. Trial court granted non suit and Pugh appealed to CA Appellate Court (?).

Issue

Did the firing of Pugh without cause, after 32 years of service to See’s Candies constitute a breach of contract? (although there was only an implied contract?)

Holding In the firing of Pugh’s from See’s Candies there is evidence for wrongful termination and violation of his employment contract.

Rationale California statute holds that "employment for no specified term may be terminated at will of either party on notice to the other." Recently this power has been diminished by new statutory regulation. Just because a contract is terminable does not mean that an employer can terminate it for any reason. Personnel policies, lack of criticism of employee’s work, and employee’s longevity of service contribute to a possibility of a promise for continued employment. All of this could be used to show a jury an existence of an implied contract of extended employment.

The plantif s logn of service te

Did P’s and D’s --- Create implied contract which determines just cause.

Is there an implied contract?????