Steven Blair v. The Schwan Food Company

MEMORANDUM

A Montana jury found that Schwan’s Home Service, Inc. wrongfully discharged Steven Blair under the Montana Wrongful Discharge from Employment Act (“WDEA”), Mont.Code Ann. §§ 39-2-901, et seq., and the district court entered judgment for Blair. Schwan’s appeals the district court’s denial of its motion for directed verdict and Federal Rule of Civil Procedure 59(e) motion for an altered or amended judgment and/or new trial.

This Court reviews the district court’s denial of a motion for directed verdict de novo. See Oglesby v. S. Pac. Transp. Co., 6 F.3d 603, 605 (9th Cir.1993). We review the district court’s denial of a Rule 59(e) motion for abuse of discretion. See Sch. Dist. No. 1J, Multnomah Cnty. v. ACandS, Inc., 5 F.3d 1255 , 1262 (9th Cir.1993). We now affirm.

Under the WDEA, a discharge is wrongful if it “was not for good cause and the employee had completed the employer’s probationary period of employment.” Mont.Code Ann. § 39—2—904(l)(b). The WDEA further defines “good cause” as “reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of the employer’s operation, or other legitimate business reason.” Id.…