Wilkes

*662 MEMORANDUM **

Plaintiff Marla Wilkes appeals from the district court’s grant of summary judgment in favor of defendants Electronic Data Systems (“EDS”) and Metropolitan Life Insurance (“MetLife”) on her claims for breach of contract, breach of fiduciary duty, and insurance bad faith. We review a grant of summary judgment de novo. Devereaux v. Abbey, 263 F.3d 1070, 1074 (9th Cir.2001). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Because the employment manual at issue “clearly and conspicuously tells ... employees that the manual is not part of the employment contract,” it did not modify the at-will relationship by creating an implied contract for short-term disability benefits. Leikvold v. Valley View Cmty. Hosp., 141 Ariz. 544 , 688 P.2d 170, 174 (1984), superseded on other grounds by Ariz.Rev.Stat. § 23-1501(2). Wilkes has no right to the disability benefits as compensation earned because the disability benefit, which EDS could rescind at any time, was not an “offer of pay that induced the performance” of the at-will services. Demasse v. ITT Corp., 194 Ariz. 500 , 984 P.2d 1138 , 1144 n. 3 (1999). Accordingly, no contract to provide benefits was…