Messinger

*487 MEMORANDUM **

In this diversity action, U.S. Bancorp (Bancorp) appeals the district court’s award of damages and attorney fees to plaintiff Susan Messinger (Messinger) for wrongful discharge.

1. Because the employee handbook contained language that progressive counseling “will provide [the employee] with a reasonable opportunity to make the necessary improvements in order to succeed,” the district court’s finding that the handbook promised progressive counseling was not clearly erroneous. See Brown v. Scott Paper Worldwide Co., 143 Wash.2d 349 , 20 P.3d 921, 929 (2001) (en banc).

2. The district court did not clearly err in determining that Bancorp failed to effectively disclaim any intention to make the progressive counseling provision part of the employment agreement. Under Washington law the effect of an attempted disclaimer may be negated if other evidence “indicated] that the disclaimer was to be disregarded.” Carlson v. Lake Chelan Community Hospital, 116 Wash.App. 718 , 75 P.3d 533, 541 (2003); see also, Kuest v. Regent Assisted Living, Inc., 111 Wash.App. 36 , 43 P.3d 23, 31 (2002). Such other evidence was presented by Messing-er, including testimony that managers…