Gary Winn v. Case Corporation, a Delaware Corporation, D/B/A J.I. Case Company

33 F.3d 61 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary WINN, Plaintiff-Appellant, v. CASE CORPORATION, a Delaware corporation, d/b/a J.I. Case Company, Defendant-Appellee. No. 92-37018. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1994. Decided Aug. 17, 1994. 1 Before: TANG and WIGGINS, Circuit Judges and HENDERSON, * District Judge. 2 MEMORANDUM ** 3 Winn (plaintiff-appellant) was employed by Case (defendant-appellee) from May 6, 1974 to September 28, 1990. Prior to beginning work, Winn entered into an "Employee Agreement" with Case. Winn's subsequent effectiveness as an employee is disputed by the parties. On July 11, 1990, a counseling meeting occurred between Winn, his immediate supervisor and a human resources manager for Case, pursuant to Case's "Personnel Administration Manual" (PAM) and "Policy and Procedure Manual" (PPM). At the conclusion of this meeting, Winn signed Case's "Salaried Employee Performance Counseling Record"…