At page 99 Federal law preempting state employment rights and at-will discharge9 citing casesrejecting claim for wrongful termination in violation of public policy
- Peatros v. Bank of Am. Nt & SA, 990 P.2d 539 (Cal. 2000).published (rejecting claim for wrongful termination in violation of public policy)
- Harrell G. Andrews v. Fed. Home Loan Bank of Atlanta, 998 F.2d 214 (4th Cir. 1993).published(We hold that § 1432(a) permits no inroads into the ‘dismiss at pleasure’ language.)
- Ewing v. Fed. Home Loan Bank of Des Moines, 645 F. Supp. 2d 707 (S.D. Iowa 2009).published(holding that “attempts to create employment rights from independent sources such as the employment manual are void under the Federal Home Loan Bank Act)
- Kathy Kroske v. Us Bank Corp., 432 F.3d 976 (9th Cir. 2005).published Reserve Bank, 358 F.3d 392, 394 (6th Cir. 2004); Inglis v. Feinerman, 701 F.2d 97, 98 (9th Cir. 1983). 1646 KROSKE v. US BANK CORP. and its customers are intrusted, should be subject to immediate removal whenever the suspicion of faith- le…
- 96 Cal. Daily Op. Serv. 3413, 96 Daily Journal D.A.R. 5580 Lisa Walleri & Dan Walleri v. The Fed. Home Loan Bank of Seattle, a Washington Corp. Michael Cline Ronald Karr Steven Scott Off. of Thrift Supervision, Dep't of the Treasury of the United States United States of Am. Resolution Trust Corp., as Conservator for Far West Fed. Bank, a Sav. & Loan Ass'n, Lisa Walleri Dan Walleri v. The Fed. Home Loan Bank of Seattle, a Washington Corp. James Faulstich v. Off. of Thrift Supervision, & United States of Am., 83 F.3d 1575 (9th Cir. 1996).publishedInglis v. Feinerman, 701 F.2d 97, 99 (9th Cir.1983), cert. denied, 464 U.S. 1040 , 104 S.Ct. 703 , 79 L.Ed.2d 168 (1984); cf. Bollow v. Federal Reserve Bank, 650 F.2d 1093 (9th Cir.1981) (construing the same language under the Federal Rese…
- Walleri v. Fed. Home Loan Bank of Seattle, 83 F.3d 1575 (9th Cir. 1996).publishedInglis v. Feinerman, 701 F.2d 97, 99 (9th Cir.1983), cert. denied, 464 U.S. 1040 , 104 S.Ct. 703 , 79 L.Ed.2d 168 (1984); cf. Bollow v. Federal Reserve Bank, 650 F.2d 1093 (9th Cir.1981) (construing the same language under the Federal Rese…
- Mardula v. Rancho Dominguez Bank, 43 Cal. App. 4th 790 (Cal. Ct. App. 1996).published(vice-president of Federal Home Loan Bank of San Francisco claimed, inter alia, that he was fired for “his insistence that the Bank conform its practices to federal law)
- Confer v. Fed. Home Loan Bank, 649 N.E.2d 476 (Ill. App. Ct. 1st Dist. 1995).publishedApp. 3d at 171-72 , 418 N.E.2d at 821 .) Similarly, in Inglis v. Feinerman (9th Cir. 1983), 701 F.2d 97 , the court held that "attempts to create employment rights from independent sources such as employment manuals are void under the Fede…
- Meyer v. Fid. Sav., 944 F.2d 562 (9th Cir. 1991).published Inglis, 701 F.2d at 99; Bollow, 650 F.2d at 1096 .
At page 98 Holding employment at will under federal banking law9 citing casesas well as Bollow, 650 F.2d at 1097 , the case relied on in Inglis
- Weber v. First Fed. Bank, 523 N.W.2d 720 (S.D. 1994).published (as well as Bollow, 650 F.2d at 1097 , the case relied on in Inglis)
- Kathy Kroske v. Us Bank Corp., 432 F.3d 976 (9th Cir. 2005).published Reserve Bank, 358 F.3d 392, 394 (6th Cir. 2004); Inglis v. Feinerman, 701 F.2d 97, 98 (9th Cir. 1983). 1646 KROSKE v. US BANK CORP. and its customers are intrusted, should be subject to immediate removal whenever the suspicion of faith- le…
- Xiangyuan Zhu v. Fed. Hous. Fin. Bd., 389 F. Supp. 2d 1253 (D. Kan. 2005).publishedHome Loan Bank of Atlanta, 998 F.2d 214 (4th Cir.1993) (in wrongful termination case, 12 U.S.C. § 1432 “at pleasure” language preempts any state-created employment rights); Inglis v. Feinerman, 701 F.2d 97, 98-99 (9th Cir.1983) ( 12 U.S.C.…
- Meyer v. Fid. Sav., 944 F.2d 562 (9th Cir. 1991).published Inglis, 701 F.2d at 99; Bollow, 650 F.2d at 1096 .
- Rheams v. Bankston, Wright & Greenhill, 756 F. Supp. 1004 (W.D. Tex. 1991).publishedInglis v. Feinerman, 701 F.2d 97, 98 (9th Cir.1983), cert. denied, 464 U.S. 1040 , 104 S.Ct. 703 , 79 L.Ed.2d 168 (1984) 4 ; Association of Data Processing Serv.
- Osei-Bonsu v. Fed. Home Loan Bank of New York, 726 F. Supp. 95 (S.D.N.Y. 1989).published(attempts to create employment rights [for Federal Home Loan Bank employees] from independent sources ... are void under the Federal Home Loan Bank Act” due to the “dismiss at pleasure” language)
At page 97 “shall have the power to ... dismiss at pleasure”1 citing case
- Weber v. First Fed. Bank, 523 N.W.2d 720 (S.D. 1994).published The court also distinguished Inglis, 701 F.2d at 98 (as well as Bollow, 650 F.2d at 1097 , the case relied on in Inglis ) noting that both cases shared a "major distinction from the one before us" in that the applicable federal law "allowe…
Other citing cases
- Mele v. Fed Rsrv Bank NY, No. 03-1556 (3d Cir. Feb. 24, 2004).published
- Michael Mele v. Fed. Reserve Bank of New York, 359 F.3d 251 (3d Cir. 2004).published
v.
Milton FEINERMAN, in his individual capacity as President of Federal Loan Bank of San Francisco and Federal Home Loan Bank of San Francisco, a corporation
Appellant James G. Inglis [Inglis] appeals a District Court grant of summary judgment which upheld his termination of employment from appellee Federal Home Loan Bank of San Francisco [Bank] without a disciplinary hearing as outlined in the Bank’s personnel manual. The Bank claims it terminated Inglis for an admitted breach of employee confidentiality.
The Bank was created under the Federal Home Loan Bank Act, 12 U.S.C. § 1421 et. seq. In 12 U.S.C. § 1432(a), the Act provides in pertinent part:
the bank shall have the power to — select, employ and fix the compensation of such officers, employees, attorneys, and agents, — and to dismiss at pleasure such officers, employees and agents;
(Emphasis added.)
These provisions are similar to language in 12 U.S.C. § 341 (Fifth) of the Federal Reserve Act which gives Federal Reserve Banks the power to “dismiss at pleasure such officers or employees.” In Bollow v. Federal Reserve Bank of San Francisco, 650 F.2d 1093 (9th Cir.1981), this court construed that section as preempting employee claims of wrongful discharge based on state law.
The plaintiff in Bollow was terminated by a Federal Reserve Bank after eleven years of employment. He sued for reinstatement, but the bank contended it had authority to fire him by virtue of the “dismiss at pleasure” provision of 12 U.S.C. § 341 (Fifth).
[*99] On appeal, the Ninth Circuit held that (1) federal law preempted California law and allowed the Federal Reserve Bank to dismiss its employees “at pleasure,” and (2) a letter from the bank president to plaintiff assuring him of continued employment was ultra vires under the Federal Reserve Act and thus void.
In the instant case, Inglis argues that since the Bank adopted an employee manual which stated that employment was based on “good faith” and established procedures for disciplinary actions, the Bank should not be permitted to dismiss him except for certain causes. First, we note that this manual was not adopted by the Bank until well after Inglis was hired. Notwithstanding this difficulty with appellant’s claim, we follow Bollow and hold that attempts to create employment rights from independent sources such as the employment manual are void under the Federal Home Loan Bank Act.
Inglis next urges us to follow Tameny v. Atlantic Richfield Co., 27 Cal.3d 167, 164 Cal-Rptr. 839, 610 P.2d 1330 (1980), which limited an employer’s right under Cal.Lab.Code § 2922 to terminate an employee “at will.” The Tameny court held that, despite § 2922, Atlantic Richfield wrongfully discharged plaintiff for refusing to participate in an illegal price fixing scheme. Appellant argues that 12 U.S.C. § 1432(a) should be similarly limited and claims that the real reason for his termination was his insistence that the Bank conform its practices to federal law. We hold that § 1432(a) permits no inroads into the “dismiss at pleasure” language.
Inglis’ constitutional claims are equally without merit. Inglis did not have a sufficient property interest in continued employment to invoke due process guarantees, and the Bank’s termination of Inglis did not deprive him of any cognizable liberty interest.
The decision of the District Court is affirmed.