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Contracts Keyed to Murray
Anderson v. Douglas & Lomason Co.
Facts
Terry Anderson (Plaintiff) worked for Douglas & Lomason Company (Defendant). When Plaintiff began working, he was given an employee handbook, which included Defendant’s progressive discipline policy. For theft of company property, the policy required a written warning for the first offense, a three-day suspension without pay for the second, and termination for the third offense. The last page of the handbook stated that it was not intended to create any contractual rights. Plaintiff never read the employee handbook. Plaintiff worked for Defendant for three years and was then fired for stealing a box of pencils. Plaintiff sued Defendant for breach of contract, arguing that Defendant failed to follow the progressive discipline policy outlined in the employee handbook. The district court held that the employee handbook did not constitute a contract and granted summary judgment for Defendant. Plaintiff appealed.
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