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Coverage - Slander -
Employment Practices Exclusion
Harry W. Low v. Golden
Eagle Insurance Company
Court of Appeal, Fourth
District (November 14, 2002)
This case exemplifies the
rule that where the law changes on the duty to defend during the course
of an action, a carrier which has adequately reserved its rights may rely
upon the change in law. The Court was careful to distinguish this from
a case where the duty to defend turns on factual disputes.
Employment Practices
Dilemma
of Section 533 in Employment Practices
Scott
v. Pacific Gas & Electric Company
Labor
Code Section 500
Foley vs.
Interactive Data Corp., 47 Cal. 3d 654, 765 P.2d
373
NOT ALL TERMINATIONS OF
AN EMPLOYMENT RELATIONSHIP ARE WRONGFUL
The general rule in California
is contained in Cal. Labor Code 2922 which states " an employment, having
no specified term, may be terminated at the will of either party on notice
to the other."
EXCEPTIONS: There are several
exceptions to the general rule. Some of the exceptions to the at-will doctrine
were created by case law and some have been codified by statute.
Express Contracts
Implied Contracts
Public Policy Exception
Discrimination
Misrepresentation
Sexual Harassment
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