Choi
Choi v. AEP Energy Services, Inc.
Opinion
Lead Opinion
MEMORANDUM *
Appellants Paul Choi, David Fuller, and Stewart Rosman (collectively “Appellants”) appeal the district court’s grant of summary judgment in favor of their former employer, AEP Energy Services, Inc. (“AEP”).
Appellants were offered contracts of employment that were memorialized in letters from AEP. The letters stated, “you will also be eligible to participate in the AEP Energy Services, Inc. Incentive Compensation Plan.” Appellants contend that this Incentive Compensation Plan (the “Plan”) was not part of their employment contracts with AEP because (1) reference to the Plan in the written offer letters sent to each Appellant was insufficient to incorporate the Plan’s terms, and (2) Appellants were not given copies of the Plan prior to accepting employment.
These arguments are unavailing. Under Ohio law, 1 the explicit reference to the Plan in Appellants’ offer letters was “sufficient to cause a person of ordinary prudence to inquire” about the terms of the Plan. See Blatnicky v. Sheller-Globe Corp., No. 56695, 1990 WL 66476 , at *4 (Ohio Ct.App. May 17, 1990); cf. Kucan v. Gen. Am. Life Ins. Co., No. 01AP-1099, 2002 WL 1933377 , ¶ 17 (Ohio Ct.App. Aug. 13, 2002)…