Sternad
Sternad v. West Publishing Corp.
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff Jewel Sternad appeals the district court’s grant of summary judgment in favor of defendant West Pubhshing Corporation. Sternad was employed by West as a rural sales representative and brought suit under the Montana Wrongful Discharge from Employment Act (“MWDEA”). Mont.Code Ann. §§ 39-2-901, et seq.
We review a grant of summary judgment de novo. Stitt v. Williams, 919 F.2d 516, 520 (9th Cir.1990).
Under the Montana Wrongful Discharge from Employment Act a discharge is wrongful if:
Mont.Code Ann. § 39-2-904.
As the district court properly noted, West’s Employment Policies include the following performance evaluation standards:
2001 West Employment Policy (2001) at pp. 1-6.
We agree with the district court that no genuine issue of material fact exists that West had “good cause” to terminate Plaintiff. The uneontroverted facts support the district court’s finding that West was entitled to place Plaintiff on a formal performance improvement plan (“PIP”) when his three-month rolling average fell below 85% of quota at the end of May 2003. Having justification to place Plaintiff on a PIP, it is undisputed and the record makes clear that Plaintiff failed to…