Starzynski v

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California State University, Sacramento *

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Apr 3, 2024

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Professor Biegler 12/15/23 MGMT 10 - 02 Starzynski v. Capitol Public Radio & Khajavi v. Feather River Anesthesia Medical Group Research Project Starzynski v. Capital Public Radio, Inc., 88 Cal. App. 4th 35 (Cal. Ct. App. 2001). Issue ● In Starzynski v. Capital Public Radio Inc., did the plaintiff, Charles Starzynski, have an implied contract of employment, providing for termination only for good cause, despite signing an "Employment At Will Contract And Acknowledgement Form?" Rule ● Labor Code section 2922 says the presumption that employment without a specified term is “at will”, allowing termination by either party on notice. Express written agreements indicating “at will” employment override any previous oral agreements. Implied contracts can overcome “at-will” contracts if there is evidence of an implied agreement that employment would continue indefinitely, pending the occurrence of specific events. ● The covenant of good faith and fair dealing cannot impose substantive terms beyond those to which the parties agreed. It does not create an independent cause of action but is based on the terms of an express or implied contract. ● Constructive discharge occurs when the employer's conduct effectively forces an employee to resign. It requires the conditions to be so intolerable that any reasonable employee would resign. Analysis Charlie Starzynski had a good relationship with Phill Corema who was his boss and an employee of Capital Public Radio for 9 years. They worked together developing radio stations successfully. Charles Starzynski, while initially was orally assured of secure employment by his supervisor, so long as he worked hard and did his job, signed an "Employment At Will Contract And Acknowledgement Form" explicitly stating his employment was at-will. Phil assured Charlie that he is not “at will” and that he

needs to sign the contract or the Phil would get in trouble with the board. The form emphasized that only the Board of Directors had the authority to change this at-will relationship. Phil Corema was then terminated. Despite oral assurances from his previous supervisor, The new manager had no precluding ties with Charlie, and there was no evidence that these assurances constituted "affirmative action" by the Board of Directors to change the at-will nature of his employment. Conclusion The court concluded that Charles Starzynski's employment was at-will, stating that he signed the written acknowledgment. The court held that the oral affirmation from his supervisor did not change the at-will agreement, as they did not constitute the required "affirmative action" by the Board of Directors. Starzynski failed to display evidence on the breach of implied contract, breach of the covenant of good faith and fair dealing, and constructive discharge. The case was knocked out before going to trial. The at-will status of Starzynski's employment ruled out his claims for wrongful discharge. Khajavi v. Feather River Anesthesia Medical Group,

100 Cal. Rptr. 2d 627 (Cal. Ct. App. 3d 2000), CXXXXXX. Issue ● In the case of Khajavi v. Feather River Anesthesia Medical Group, Is the termination of Dr. Nosrat Khajavi by Feather River Anesthesia Medical Group, evidently in retaliation for advocating "medically appropriate health care," considered a violation of California Business & Professions Code section 2056? Rule ● California Business & Professions Code section 2053 100 Cal. Rptr. 2d at 636, citing CAL. BUS. & PROF. CODE 2056(b), provides protection to physicians from termination for advocating medically appropriate health care. ● California Business & Professions Code section 2056, subdivision (c) states that discharging a physician or surgeon for advocating "medically appropriate health care" violates public policy. ● The protection under section 2053 is limitless and does not just apply to advocacy against decisions by healthcare payors; it includes any advocacy for medically appropriate health care. ● Liability for wrongful discharge in violation of public policy typically applies only to employers. Analysis Khajavi, a recent graduate of medical school in New Mexico, joined Anesthesia Medical Group, where two individuals, Mathieson and Bains, were hired simultaneously. Both Mathieson and Bains underwent an internship period before being provided written employment contracts for a two-year term, which included attorney fees clauses in them. Feather River Anesthesia Medical Group decided to hire an additional anesthesiologist due to the absence of one of their main practitioners. Khajavi was selected for the position with the understanding that he would receive the same contract or one similar to Bains and Mathieson. However, he never received a written contract. During a procedure overseen by Robert del Pero, brother of Richard del Pero, the president of Feather River Anesthesia Medical Group, Khajavi administered anesthesia to a patient. After starting the procedure, Khajavi discovered, upon reading the patient's file, that she had a weak heart condition, posing risks during anesthesia administration. Khajavi then contacted the patient's physician, who informed him that they were unaware of the scheduled surgery. Feeling set up and concerned for the patient's safety, Khajavi believed the surgery should be halted. Robert Del Pero insisted that the most dangerous part of the surgery had already occurred and was nearly

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