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1st Dep't 9th Cir abusive discharge arbitrator at-will employee At-Will Employment at-will rule attorneys award back pay bad faith benefits breach of contract Cal.Rptr California cause of action Code commissions Company compensation compensatory complaint conduct Corp corporation court found court held Court of Appeals defendant defendant's discharged employee discrimination doctrine documents emotional distress employment contract Employment-At-Will ERISA facie tort fair dealing faith and fair federal filing fired implied covenant infliction of emotional intentional infliction INTERROGATORY jury Labor lost wages LRRM party performance person personnel manual plaintiff Plaintiff alleged pleading procedures prohibits promissory estoppel protection public policy exception punitive damages reason reinstatement release remedy request retaliation retaliatory discharge Rptr See's Candies statute Statute of Frauds supervisor Supp supra Supreme Court termination termination of employment Testa tion tort trial Unjust Dismissal upheld violation Whistleblowers wrongful discharge York