Prevost
Prevost v. First Western Bank
Opinion
Opinion
Wiener, J.
Plaintiff Robert Prevost appeals from summary judgment entered in favor of defendant First Western Bank in an action arising from Prevost’s termination from employment and the bank’s accusation that he accepted a gratuity in connection with processing of loan. We conclude the court erred in granting First Western’s motion for summary judgment and therefore reverse.
Factual and Procedural Background
First Western hired Prevost as a loan officer on December 12, 1983, at a salary of $20,000 a year. Prevost’s duties included gathering data on loan applicants, evaluating that data and preparing loan packages for presentation to his superiors for approval. The terms of the oral employment agreement provided for a 90-day probationary period. First Western provided Prevost with a copy of its personnel policy manual which included the following paragraph regarding probationary status: “All new employees are hired on a trial basis for the first 3 months. This period gives the new employee time to see if he really likes the work and permits the bank to replace those who don’t measure up to our standards. Each new employee is to be reviewed at the end of the 3 month probationary…