Walker v. Amoco Oil Co.

837 F. Supp. 232, 1993 U.S. Dist. LEXIS 16280, 1993 WL 471512
CourtDistrict Court, E.D. Michigan
DecidedNovember 12, 1993
DocketCiv. A. No. 93-72088
StatusPublished

This text of 837 F. Supp. 232 (Walker v. Amoco Oil Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Amoco Oil Co., 837 F. Supp. 232, 1993 U.S. Dist. LEXIS 16280, 1993 WL 471512 (E.D. Mich. 1993).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

GADOLA, District Judge.

Plaintiff Cheryl Walker was terminated by defendant ACA Management Services Company, an operating division of Amoco Oil Company (“Amoco”). Plaintiff claims that she was discharged in breach of a just cause employment contract. Amoco contends that plaintiffs employment was terminable at will, and that in any event, plaintiff was fired for cause. Before the court is Amoco’s motion for summary judgment. For the reasons stated below, the court will grant its motion.

I. Facts

Plaintiff was employed by Amoco from April 30, 1991 until April 28, 1992. Initially, she was hired as a cashier at an Amoco Food Shop. Plaintiff later became a management trainee and was made the temporary manager of a food shop in November of 1991.- In April of 1992, plaintiff was fired due to alleged shortages in cash and inventory at her store that had occurred over a period of several months. Plaintiff claims, however, that the shortages were not her fault.

II. Standard of Review

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment may be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” “A fact is ‘material’ and precludes grant of summary judgment if proof of that fact would have [the] effect of establishing or refuting one of the essential elements of the cause of action or defense asserted by the parties, and would necessarily affect [the] application of appropriate principle^] of law to the rights and obligations of the parties.” Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir.1984) (citation omitted) (quoting Black’s Law Dictionary 881 (6th ed. 1979)). The court must view the evidence in a light most favorable to the nonmovant as well as draw all reasonable inferences in the nonmovant’s favor. See United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 993, 8 L.Ed.2d 176 (1962); Bender v. Southland Corp., 749 F.2d 1205, 1210-11 (6th Cir.1984).

The movant bears the burden of demonstrating the absence of all genuine issues of material fact. See Gregg v. Allen-Bradley Co., 801 F.2d 859, 861 (6th Cir.1986). The initial burden on the movant is not as formidable as some decisions have indicated. The moving party need not produce evidence showing the absence of a genuine issue of material fact. Rather, “the burden on the moving party may be discharged by ‘showing’ — that is, pointing out to the district court — that there is an absence of evidence to support the nonmoving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). Once the moving party discharges that burden, the burden shifts to the nonmoving party to set forth specific facts showing a genuine triable issue. Fed.R.Civ.P. 56(e); Gregg, 801 F.2d at 861.

To create a genuine issue of material fact, however, the nonmovant must do more than present some evidence on a disputed issue. As the United States Supreme Court stated in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2510-11, 91 L.Ed.2d 202 (1986),

There is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. If the [nonmovant’s] evidence is [234]*234merely colorable, or is not significantly probative, summary judgment may be granted.

(Citations omitted). See Catrett, 477 U.S. at 322-23, 106 S.Ct. at 2552-53; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986). The standard for summary judgment mirrors the standard for a directed verdict under Fed.R.Civ.P. 50(a). Anderson, 477 U.S. at 250, 106 S.Ct. at 2511. Consequently, a nonmovant must do more than raise some doubt as to the existence of a fact; the nonmovant must produce evidence that would be sufficient to require submission to the jury of the dispute over the fact. Lucas v. Leaseway Multi Transp. Serv., Inc., 738 F.Supp. 214, 217 (E.D.Mich.1990), aff'd, 929 F.2d 701 (6th Cir.1991). The evidence itself need not be the sort admissible at trial. Ashbrook v. Block, 917 F.2d 918, 921 (6th Cir.1990). However, the evidence must be more than the nonmovant’s own pleadings and affidavits. Id.

III. Analysis

Michigan law provides that employment relationships are terminable at will. Toussaint v. Blue Cross & Blue Shield, 408 Mich. 579, 292 N.W.2d 880 (1980). Without an express contractual provision to the contrary, an employee can be terminated at any time without cause. Valentine v. General Am. Credit, Inc., 420 Mich. 256, 258-59, 362 N.W.2d 628 (1984). Discharge only “for cause” may become part of the employment contract by express agreement or “as a result of an employee’s legitimate expectations grounded in an employer’s policy statements.” Toussaint, 409 Mich. at 598, 292 N.W.2d 880.

Plaintiff contends that a “Conditions of Employment” form issued by Amoco created an expectation of a just cause contract. The form lists “some” of the misconduct that she could be disciplined for while she was an employee of Amoco. It did not detail a disciplinary procedure. Among the reasons that could “warrant disciplinary action up to and including immediate termination of employment” was “(1) continued cash and/or stock shortages.”

The court finds that a legitimate expectation of a just cause contract was not created by the written policies of Amoco. In Rowe v. Montgomery Ward & Co., 437 Mich. 627, 473 N.W.2d 268 (1991), the Michigan Supreme Court examined a document similar to the “Conditions of Employment” form at issue in this ease. In Rowe, the court looked at a “Rules of Personal Conduct” form that listed possible reasons for discharge.

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Related

United States v. Diebold, Inc.
369 U.S. 654 (Supreme Court, 1962)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Ovall Dale Kendall v. The Hoover Company
751 F.2d 171 (Sixth Circuit, 1984)
Harley Vollrath v. Georgia-Pacific Corporation
899 F.2d 533 (Sixth Circuit, 1990)
Valentine v. General American Credit, Inc
362 N.W.2d 628 (Michigan Supreme Court, 1985)
Lucas v. Leaseway Multi Transportation Service, Inc.
738 F. Supp. 214 (E.D. Michigan, 1990)
Rowe v. Montgomery Ward & Co.
473 N.W.2d 268 (Michigan Supreme Court, 1991)
Toussaint v. Blue Cross & Blue Shield
292 N.W.2d 880 (Michigan Supreme Court, 1980)
Ashbrook v. Block
917 F.2d 918 (Sixth Circuit, 1990)
Vollrath v. Georgia Pacific Corp.
498 U.S. 940 (Supreme Court, 1990)
St. Tammany Parish Police Jury v. Insbrok
506 U.S. 975 (Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
837 F. Supp. 232, 1993 U.S. Dist. LEXIS 16280, 1993 WL 471512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-amoco-oil-co-mied-1993.