Stefano

Stefano v. Micron Technology, Inc.

Good Law
65 F. App'x 139
United States Court of Appeals for the Ninth CircuitMay 12, 2003Nos. 01-35983, 01-36051; D.C. No. CV-99-00003-BLWCalifornia2,522 words

Opinion

Lead Opinion

MEMORANDUM *

Micron Technology, Inc. (“Micron”) discharged James Stefano (“Stefano”) for insubordinate conduct after he sent materials to a Micron Board Member that included criticisms of Micron’s CEO. Stefano sued under Idaho law, alleging wrongful discharge and slander. 1 The district court granted summary judgment to Micron on the wrongful discharge claims. Stefano appeals the grants of summary judgment on three of his claims relating to his discharge. Micron cross-appeals, challenging the district court’s decision that no attorneys’ fees were due to Micron after it was awarded summary judgment. We affirm, rejecting the positions advanced on both appeal and cross-appeal.

I

Micron hired Stefano in 1986. His application stated that his employment could be “terminated at the will or election of Micron” and that Micron was “not expected to demonstrate just cause” if it discharged him. In 1992 Micron distributed a handbook that included a statement reaffirming Stefano’s at-will employment status. The handbook also forbade “insubordination and disruptive conduct,” which it defined as “discourteous ... or offensive conduct or language toward ... supervisors,” including “circulating…

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