California’s Sixth Appellate District recently examined the question of just how vague an employment promise can be to be enforceable as a contract and to serve as the basis for a claim of misrepresentation/concealment. In Moncada v. West Coast Quartz (Cal.App.6th Dist., Nov. 2013), plaintiffs worked for West Coast Quartz Corporation (West Coast). Defendants were the owners and sole shareholders of West Coast. Defendants were preparing to sell West Coast, and wanted plaintiffs to continue to work for the company until the sale was complete. To accomplish that end, defendants repeatedly promised plaintiffs that if they continued to work for West Coast until the sale, they would be paid a bonus from the sale proceeds that would be sufficient for them to retire. Plaintiffs remained at West Coast for five years following defendants’ initial promise of the retirement bonus, rejecting job offers from other companies, and opportunities to move out of the area. However, when defendants sold West Coast in 2009 for approximately $30 million, they did not pay plaintiffs the promised bonus.(more…)
employment litigation tips
I am very pleased to introduce SV Employment Law Firm’s blog, which we will use to (1) report employment law developments that are pertinent to the SV audience; and (2) provide practical and strategic tips regarding employment litigation, counseling, investigations and training. We will also do a little deconstruction along the way as the employment law market and employment law principles continue to evolve, with the goal of providing a useful conceptual framework for employment law-related decisions. We look forward to using our blog in combination with our other communications and speaking engagements to disseminate what we hope is useful information to companies, groups and individuals who may be interested in these topics.