Karon L. Comeaux Sherrika Marzette Comeaux v. Brown & Williamson Tobacco Company

Karon Comeaux (Comeaux) filed suit against Brown & Williamson Tobacco Corporation (B & W), alleging that B & W had reneged upon its promise of employment to Comeaux. He asserted six causes of action arising out of B & W’s failure to employ him and three causes of action arising out of a credit check B & W performed during the course of the litigation. He appeals the district court’s grant of summary judgment in favor of B & W. We affirm in part and reverse and remand in part.

I. FACTS AND PROCEEDINGS BELOW

In July 1987, plaintiff-appellant Comeaux applied for a position as a sales representative with defendant-appellee B & W. He alleges that after several interviews with B & W, the company’s hiring manager told him orally that he was hired: “We are making you an offer_ Mr. Watratz ... gave me the okay to go ahead and hire you, but you have to take a physical and we have to wait on the rest of the paperwork to come down.” Comeaux asserts that the hiring manager stated that the offer of employment was contingent upon his moving “within five minutes of his first sales stop in Fremont ‘as soon as possible.’ ” In addition, his start date was to be around August 18 and he was to give…