Anderson v. Douglas & Lomason Company

540 N.W.2d 277 (1995)

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Nature of the Case

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Facts

Anderson (P) was hired by Douglas (D), and on his first day he attended a six-hour orientation session for new employees. P was informed that D had a progressive discipline policy and he was given a 53-page employee handbook, which included that policy. P admits that he never really read the policy nor most of the handbook. D fired P after three years of employment. When he was leaving the plant one-day company personnel stopped his pickup and asked to search it. They found a box of company pencils and asked to search his home and garage. P consented, and the subsequent search revealed no company property. That same day D asked P to resign. P refused and was fired. P filed a breach of contract action against D. P claims that the progressive discipline policies outlined in the handbook for unauthorized possession of company property were not followed by D. Those policies required a written warning for the first offense and a three-day suspension for the second and a discharge for the third. This was P’s first offense and as such P claims that D cannot fire him. D filed a motion for summary judgment claiming the handbook did not constitute a contract and even if it did P did not accept it because he did not read it. D also argued that the book was not definite enough to constitute an offer because it contains no written guarantee and that the rules were mere guides and that the manual also contained a written disclaimer. The motion for summary judgment was granted, and P appealed.