Wells v. Huish Detergents, Inc.

19 F. App'x 168
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 24, 2001
DocketNo. 00-5203
StatusPublished
Cited by9 cases

This text of 19 F. App'x 168 (Wells v. Huish Detergents, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wells v. Huish Detergents, Inc., 19 F. App'x 168 (6th Cir. 2001).

Opinion

OPINION

DAMON J. KEITH, Circuit Judge.

Plaintiff-appellant Ivan Wells brought this employment action in state court against his former employer, defendantappellee Huish Detergents, Inc. (“Huish” or the “Company”). Huish removed the case to federal court and subsequently filed a motion for summary judgment. The district court granted Huish’s motion, and Wells appeals. Because we find no reversible error, we AFFIRM the district court’s decision granting summary judgment.

I. BACKGROUND

A. Procedural History

Wells, a resident of Kentucky, originally filed his complaint in this employment action against Huish in Warren Circuit Court, in Warren, Kentucky.1 Huish, a corporation organized in Utah, filed a notice of removal in the United States District Court for the Western District of Kentucky on April 18, 1998. The matter was removed to federal district court pursuant to 28 U.S.C. § 1441(a).

As the parties were completing discovery, Huish filed a motion for summary judgment on all of Wells’s claims. In its motion, Huish asserted that Wells failed to produce the facts necessary to support any of his claims. On November 30, 1999, the district court entered a memorandum opinion and order granting Huish’s motion. The district court concluded that there were no genuine issues of material fact as to any of Wells’s claims. Subsequently, on December 7, 1999, Wells filed a motion pursuant to Fed.R.Civ.P. 59(e) to alter or amend the district court’s summary judgment order. The district court denied Wells’s motion in a memorandum opinion and order on February 3, 2000. On February 10, 2000, Wells filed a timely notice of appeal of the district court’s order granting Huish’s summary judgment motion and the district court’s order denying his motion to alter or amend the summary judgment.2

B. Factual Background

In early 1995, Wells applied for a position as a line mechanic in the maintenance [172]*172department of Huish’s plant in Bowling Green, Kentucky. Wells was subsequently hired and reported directly to John Hillenger, the maintenance manager, who in turn reported to Amir Mahdavi, the Bowling Green plant manager. At the beginning of his tenure at Huish, Wells attended an orientation session in which company personnel explained Huish’s rules, policies, and procedures. Wells also received a Huish Policy Book (the “Handbook”). The Handbook contained Huish’s employment policies at issue in this matter.

The introduction to the Handbook, § 1.00, summarizes Huish’s at-will policy. It states:

This Handbook is not intended to be a contract of employment. The Company reserves the right to modify any provisions of the Handbook at any time. Although we hope that your employment relationship with us will be mutually satisfactory and rewarding, the employment relationship is an “at-will” relationship. That means that either you or the Company may terminate this relationship at any time, for any reason, with or without cause or notice.
No supervisor, manager or other representative of [the Company]—other than the President—has the authority to make any agreement or promise of employment for any specified period, or to change the at-will status of employment. The President of [the Company], is authorized to make an employment agreement only if it is in writing.

(J.A. at 641).

In addition, § 6.007 of the Handbook, titled “AT-WILL EMPLOYMENT POLICY,” describes the Company’s at-will policy. It states, in pertinent part:

The Company intends that all employment be “at-will.” This means that an employee may terminate his or her employment with the Company at any time and for any reason, without the necessity of giving any particular notice. Similarly, the Company may terminate the employment of any employee at any time without the necessity of giving any particular notice and for any reason that is not prohibited by law. Permanent employment or employment for a specified term cannot be guaranteed or promised.
No employee, supervisor, or management official is authorized to promise any employee permanent employment or employment for any agreed or specified term. No employee, supervisor, or management official is authorized to promise any employee that employment will be terminated (or that disciplinary action will be taken) only “for cause” or in accordance with any particular procedure.
No employee should assume or infer that any statement or promise purporting to limit the Company’s right to terminate any employee is a statement or promise on behalf of the Company. Any such statement or promise should be taken as nothing more than an ill-advised and unauthorized act, contrary to Company policy. In no event will the Company be bound by any such statement or promise.

(J.A. at 673).

Finally, § 6.016, titled “GIFTS AND GRATUITIES,” outlines the Company policy with respect to self-dealing transactions. This provision states, in pertinent part:

Employees are prohibited from having any personal financial dealing with any individual or business organization that furnishes merchandise, supplies, property or service to the Company. Employees are not permitted to conduct Company business with companies that have [173]*173relatives of the Huish employee, if the employee has approval authority over that area of business for Huish.

(J.A. at 677). Wells affirmed that he received the Handbook and understood its terms by signing a “Policy Book Acknowledgment” form.3

Wells’s employment at the Bowling Green plant continued for almost three years. He received good work evaluations and Huish considered him to be an excellent employee. In January 1998, one month before his termination, Huish transferred Wells to a new position with increased responsibilities.4

While working at his new position, Wells asserts that sometime between January 18 and 20, 1998, he fell down a flight of stairs at work and severely injured his knee. Wells alleges that he fell in Hillenger’s presence and that he reported the fall to Eric Woolsey, a Company employee, and a security employee named “Jane.” Hillenger stated that he “heard a noise” and saw Wells standing on the stairs. According to Hillenger, Wells told him that he had slipped, but he was fíne. Wells also believes that he reported the fall to Mahdavi and Ron Anglin, the powder packaging manager. Following the fall and related injury. Wells hobbled around work and continued in the performance of his duties.5

In February 1998, Hillenger learned that Wells owned an independent business that was selling items to Huish in violation of the self-dealing provisions of the Company Handbook. On February 9, 1998, Gary Holder, a supervisor, told Hillenger that an address for a company called P.A.C.E., listed on a purchase order signed by Wells’s fiancee Paige Lindsey, looked familiar.6 Holder determined that the ad[174]

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Bluebook (online)
19 F. App'x 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-huish-detergents-inc-ca6-2001.