Nature of Proceedings: Summary Judgment
The court has examined Varisco v. Gateway Science & Engineering, Inc. (2008) 166 Cal.App.4th 1099, a case cited and discussed by defendant at the January 12, 2016, summary judgment hearing. Varisco sued for tortious termination of employment contract in violation of public policy, breach of the implied contract of continued employment, and breach of the implied covenant of good faith and fair dealing, claiming he was an employee of defendant Gateway. According to the Varisco court, the “undisputed facts” in that case established Varisco, a construction inspector, was an independent contractor not an employee, of Gateway, and the thus trial court did not err in granting summary judgment. The crucial issue was “control, and Gateway had none.” (Id. at p. 1106, italics added.)
Varisco additionally observed that an “an independent contractor agreement can properly include an at-will clause giving the parties the right to terminate the agreement. Su
Hearing Date
January 26, 2016
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Nature of Proceedings: Summary Judgment
The court has examined Varisco v. Gateway Science & Engineering, Inc. (2008) 166 Cal.App.4th 1099, a case cited and discussed by defendant at the January 12, 2016, summary judgment hearing. Varisco sued for tortious termination of employment contract in violation of public policy, breach of the implied contract of continued employment, and breach of the implied covenant of good faith and fair dealing, claiming he was an employee of defendant Gateway. According to the Varisco court, the “undisputed facts” in that case established Varisco, a construction inspector, was an independent contractor not an employee, of Gateway, and the thus trial court did not err in granting summary judgment. The crucial issue was “control, and Gateway had none.” (Id. at p. 1106, italics added.)
Varisco additionally observed that an “an independent contractor agreement can properly include an at-will clause giving the parties the right to terminate the agreement. Su