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Maryam Alani 1
Contract Issues in Business Law
Starzynski v. Capital Public Radio
Issues: Whether Capital Public Radio (CPR) wrongfully discharged Starzynski depends on
whether: it violated an implied contract of employment, violated an implied covenant of good
faith and fair dealing, or constructively discharged the plaintiff.
Rule 1: Considering the written acknowledgement signed by the plaintiff that his employment
was at will, oral assurances of continued employment cannot establish an implied contract.
Analysis 1: Here, Starzynski’s expressed at-will contract precluded verbal assurances of his
supervisor. The at-will contract stipulated that the express contract could only be modified by
affirmative action by the board of directors. However, it cannot be established that the assurances
of his supervisor constitute affirmative action by the board.
Conclusion 1: Therefore, the plaintiff’s claim of violation of implied contract is without merit.
Rule 2: The covenant of good faith and fair dealing cannot impose substantive terms and
conditions not expressly agreed to by the parties.
Analysis 2: The plaintiff depended on the evidence of triable issues in the implied contract to
prove that the defendant, CPR, violated an implied covenant of good faith and fair dealing.
However, the plaintiff had failed to show triable issues in his implied contract breach claim,
which fatally wounded his claim for breach of the covenant of good faith and fair dealings.
Conclusion 2:Therefore, the plaintiff failed to show triable issues in his suit of violating the
covenant of good faith and fair dealings.
Maryam Alani 2
Rule 3: Constructive discharge is neither a tort nor a breach of contract unless an employee
independently establishes a link between the discharge and the breach of contract or tort.
Analysis 3: Since the express written contract stated that the employment was at-will, so
constructive discharge could not violate any contractual right. Furthermore, the plaintiff failed to
assert that the discharge contravened any fundamental public policy expressed in a constitutional
or statutory provision.
Conclusion 3: Therefore, the plaintiff could not show any triable issue concerning constructive
discharge.
Overall conclusion: In conclusion, the plaintiff failed to assert any triable issue precluding
violation of implied contract, violation of the covenant of good faith and fair dealing, and
constructive discharge.
Khajavi v. Feather River Anesthesia Medical Group
Issues: The appeals by both the plaintiff and defendant depend on whether the trial court: erred
in granting the defendants a non-suit on conspiracy and wrongful discharge claims, erred in
denying the plaintiff’s post-judgment request for attorney fees, and committed instructional error
in connection with the breach of contract claim.
Rule 1: The decision to terminate an employment or other contractual relationship with or
otherwise penalize a physician or surgeon for advocating for medically appropriate health care
consistent with the applicable legal standard of care contravenes the state’s public policy.
Analysis 1: The defendant had prov…
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