Jerry Waddy v. Sears, Roebuck & Co. And Mike Spindler

97 F.3d 1463 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry WADDY, Plaintiff-Appellant, v. SEARS, ROEBUCK & CO. and Mike Spindler, Defendant-Appellee. No. 94-16393. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 7, 1995. Decided Sept. 24, 1996. 1 Before: WALLACE, and THOMPSON, Circuit Judges and SEDWICK, * District Judge. MEMORANDUM 2 Jerry Waddy ("Waddy") appeals the district court's summary judgment dismissing the remaining claims (wrongful termination and breach of contract) against his employer, Sears, Roebuck ("Sears"). The district court exercised jurisdiction pursuant to 28 U.S.C. § 1332 . We have jurisdiction over Waddy's timely appeal under 28 U.S.C. § 1291 . We conclude, as the district court did, that the evidence undisputedly shows that Waddy was terminated for legitimate business reasons--his extremely low productivity--and not for any reason violative of public policy. Therefore, we affirm. I. Standard of Review…