Scott v. Pacific Gas & Electric Co. - 11 Cal.4th 454 S042601 - Mon. PACIFIC GAS AND ELECTRIC COMPANY, Defendant and Appellant. J., Kennard, Arabian, George, JJ., Puglia (Robert K.), J., fn. † concurring.) Wylie, Mc Bride, Jesinger, Sure & Platten and Christopher E. Joseph Posner, Quackenbush & Quackenbush and William C. In 1979, Scott and Johnson started S&J Engineering (S&J), a subchapter S corporation. Thornberry, the successive managers of TES, were all informed of the existence of the company. (See, e.g., Redeker, Employee Discipline: Policies and Practices (1989) pp. 308, 729 P.2d 743] that "every employer must on occasion review, criticize, demote, transfer and discipline employees." It then argues that if we do not draw the line at wrongful termination, and recognize an implied contract action based on lesser employee grievances such as wrongful demotion, then "every act or omission regarding performance evaluations, promotions, transfers, or other perquisites would be subject to judicial determination as to whether the policy or practice at issue contained an implied 'good cause' promise," which would lead to a judicial "invasion into the employers' exercise of managerial discretion." fn. PG&E contends that employers may not be able to exercise such control over their implied-in-fact promises-that colorable implied contract claims for wrongful discipline or deprivation of certain employee benefits will invariably arise from casual promises made by supervisors, or from other practices that are beyond the control of company management. Without deciding today questions not before us, such as the effect of various types of disclaimers in employment contracts or policy manuals (see Foley, supra, 47 Cal.3d at p. 23), we nonetheless find no basis to the argument that employers who consistently articulate and implement policies desned to preserve their traditional managerial prerogatives lack the capacity to limit their exposure to implied contractual liability. The utility of this doctrine is further illustrated by Rocis v. An employer's alleged violation of these minor contract terms will likely not give rise to ascertainable damages. Scott v. Pacific Gas & Electric Co. 1995 11 Cal.4th 454, 46 Cal. C. Byron Scott and Al Johnson were engineers employed by Pacific Gas and. First, the policy manual itself, of which Scott and Johnson had knowledge.
Gas detection just got personal - Detcon A copy of Johnson's S&J corporate stock certificate hung on his office wall at PG&E. 1983) 28 Personnel Administrator 74; Discenza & Smith, Is Employee Discipline Obsolete? 37, 37-38.) One commentator has outlined four advantages that a corporation may derive from incorporating such due process into the disciplining of its employees: (1) a more productive, responsible work force [11 Cal.4th 470] committed to the enterprise; (2) avoidance of union interference; (3) avoidance of litation based on statutory civil rhts laws or common law wrongful termination claims; and (4) the provision of incentives to retain current employees and attract new ones. 106; see also Osweh & Hutchinson, Positive Discipline (Fall 1989) 28 Human Resources Mg. Nor can we say that it is against public policy to apply ordinary rules of contract interpretation to determine whether these disciplinary procedures have become implied terms of the employment contract. According to this contention, courts may enforce implied contractual agreements prohibiting wrongful termination because the employer's interest in exercising discretion in the workplace, and society's presumptive interest in minimizing judicial interference in the workplace, are offset by the employee's substantial interest in not being unjustly dismissed, and society's interest in remedying and preventing such unjust dismissal. Rptr.2d 550, 863 P.2d 795] [potentially hh social costs of permitting nece actions for causing "fear of cancer" justifies imposition of a hehtened threshold of liability], when the action is in contract, we defer to the parties themselves to balance the costs and benefits of adopting particular contractual terms-or, in the case of implied employment contracts, to the employer's determination of what rhts and benefits it will voluntarily offer to its employees. Gas Measurement Instruments desns, manufactures and a wide range of the hhest quality proven. Our uncompromising engineering excellence, established in over half a. also initiate a manual bump test anytime. The PS200.
UPDATE Reports of Worker Fatalities during Manual Tank Gauging. Quackenbush as Amici Curiae on behalf of Plaintiffs and Appellants. The company consults on stress analysis, installation of strain gauges, and performs installation and calibration services. Scott's and Johnson's involvement with S&J was well known throughout PG&E. 2803]; italics in Turner omitted.) Those who sue for constructive discharge seek the same contract damages available to those who have suffered a conventional wrongful termination, i.e., the entire amount of salary that would have been earned, including reasonably anticipated future earnings, less the amount that has been earned or mht reasonably have been earned from other employment. 106-124 (Redeker); Beloav, Realities of Successful Employee Discipline (Mar. 162, 163 [same].) Whatever the benefits or detriments of adopting a disciplinary system governed expressly or implicitly by some sort of rule of law, we cannot say that an employer's voluntary commitment to such a policy is contrary to public policy. 4 PG&E appears to argue implicitly that courts should engage in a kind of balancing of the employer's and the employee's interests to determine [11 Cal.4th 471] whether to enforce employment contracts-at least implied contracts. Rptr.2d 212] [contract based on illegal consideration void]; Ellis v.  " 'It is fundamental that [contract] damages which are speculative, remote, imaginary, contingent, or merely possible cannot serve as a legal basis for recovery.' " (Mc Donald v. Response/Public Sector · Engineering Control · Environment/Green. Plume of hydrocarbon gas and vapor escaping from a flowback tank hatch. manual tank gauging and sampling operations in the oil and gas extraction industry. iv Esswein EJ, Snawder J, King B, Breitenstein M, Alexander-Scott.