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4584 Regardless of his/her job title, a bank employee who does not meet all the criteria established by the California Supreme Court in Wells Fargo v. Superior Court (i.e., holds an office created by the board of directors and listed in the bank's bylaws; was appointed by or at the direction of the board; has express legal authority to bind the bank by executing contracts on the bank's behalf; has decision-making authority relating to fundamental banking operations) is not an officer of the bank, so actions by the employee relating to breach of the employment agreement or for employment discrimination are not pre-empted by the National Banking Act.CitationRAMANATHAN v BANK OF AMERICA (Bank Officer) 155 CA4 1017 [See: 12 USC 24(5th); Wells Fargo v Superior Court 53 C3 1082; Marques v Bank 59 CA4 356, T/AT 12/97]
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