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Raghavan v. Boeing Co.10/31/2005
ntations but admitted that the information could be used by a Lockheed competitor to gain insight into Lockheed's marketing strategies and practices. By letter dated May 21, 2000, BSS stated: ". . . As a result of an investigation by the Ethics Office, BSS has concluded that the materials located on your office PC are inappropriate and likely constitute proprietary information belonging to Lockheed Martin. By having proprietary data of another company, you have violated Boeing and BSS ethical business standards, policies, and procedures, as well as company rules and regulations. . . . Your acts and omissions have led BSS to the difficult decision to terminate your employment effective immediately. . . ." Boeing returned the materials to Lockheed.
In July 2001, BSS implemented a company-wide reduction in force, resulting in the layoff of nearly 200 employees. Raghavan's immediate supervisor, Lynne Wainfan, was told to choose at least one employee out of the eight in her group to be laid off. Wainfan, in consultation with Maehl, chose Raghavan.
On January 29, 2002, Raghavan filed this action against Boeing, BSS, Brinkley, and Roper (collectively defendants), alleging causes of action for wrongful termination in violation of public policy, defamation, breach of an implied contract, and breach of the covenant of good faith and fair dealing. A first amended complaint (hereafter complaint) was later filed.
In the wrongful termination cause of action, Raghavan alleged that Boeing and BSS (collectively BSS) had retaliated against him because he had engaged in whistleblowing by reporting Farmer's misconduct to the ethics office. The complaint further alleged that the retaliatory acts consisted of the written reprimand and his selection for layoff.
The defamation cause of action was based on the written reprimand. Raghavan alleged that: (1) defendants had falsely accused him in writing of an ethics violation, dishonest conduct, a lack of integrity, and incompetence; (2) the reprimand was made with malice; (3) when the reprimand was issued, defendants could reasonably foresee that it would be used in evaluating Raghavan for layoff; and (4) the reprimand negatively affected Raghavan's ability to retain his job.
The implied contract and covenant causes of action alleged that BSS had violated implied contractual terms by subjecting him to an unfounded ethics charge and by selecting him for layoff.
Before trial, defendants moved for summary judgment or, in the alternative, summary adjudication as to each cause of action. Raghavan filed opposition papers. The trial court denied summary judgment but granted summary adjudication as to all but the wrongful termination cause of action, stating in its order: (1) a triable issue of fact existed as to whether one or more decision makers had a retaliatory motive in taking actions against Raghavan; (2) the defamation cause of action failed because the allegations in the written reprimand was true, (3) the implied contract and covenant causes of action lacked merit because Raghavan was an at-will employee. As to the defamation cause of action in particular, the trial court cited five of the "undisputed facts" in defendants' separate statement (see Code Civ. Proc., ยง 437c, subd. (b)(1)) in concluding that "the purported defamatory statements in the written reprimand . . . are true." (All further statutory references are to the Code of Civil Procedure unless otherwise indicated.)
The wrongful termination cause of action was set for jury trial. BSS filed an in limine motion, requesting that the trial court preclude Raghavan from offering testimony that the accusations in the written reprimand were false. A
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