Sylvia Kohler v. Ericsson, Inc.

Sylvia Kohler appeals from the district court’s summary judgment of her wrongful termination suit against her former employer. She also challenges the district court’s jurisdiction because Doe defendants were named in the complaint at the time the case was removed from state court. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

The plaintiff, Sylvia Kohler, a California resident, was employed from 1982-86 by the defendant, Ericsson, Inc., a Delaware corporation with its principal place of business in Texas. She never received a written job description but understood herself to be a “sales representative.”

The Ericsson employment manual provides that performance evaluations must be given at least annually. Kohler received a favorable job performance evaluation for her work during 1982. She was not reviewed for her work in 1983 and there is no record to indicate that she received a copy of her evaluation for 1984. Her 1985 evaluation was unfavorable.

In early 1985, some employees were laid off due to a lull in sales at Ericsson. That same year, Kohler was transferred to a new supervisor, Judi Zimberoff, who asked Kohler to assume general secretarial duties in addition to the work…