Cases — November 23 through December 6 admin - December 6, 2014 - At-Will Employment, Disability, Discrimination, Tenth Circuit, Unemployment Compensation, Utah Court of Appeals, Utah Supreme Court Contract Tomlinson v. NCR Corporation (Utah, November 25, 2014 ) (reversing Court of Appeals determination that NCR’s corporate management policy manual established an implied-in-fact contract (rebutting Tomlinson’s status as an at-will employee); no implied covenant where no contract exists) Discrimination Melin v. Verizon Business, Inc. (10th Cir., November 25, 2014) (upholding summary judgement in favor of Verizon on Mr. Melin’s ADA and retaliation claims) Ward v. Jewell, Secretary of the Interior (10th Cir., November 24, 2014) (affirming summary judgement in favor of the Department of Interior because “no reasonable fact-finder could infer retaliation”) ERISA Liebel v. Aetna Life Insurance Company (10th Cir., December 3, 2014) (affirming the denial of long term disability benefits as a procedurally reasonable and supported by substantial evidence) Unemployment Brehm v. Department of Workforce Services (Utah Ct. App., November 28, 2014) (upholding Board’s just cause analysis in its determination that Brehm could not properly receive unemployment benefits. Discusses the just-cause and bounds-of-reasonableness-and-rationality analyses.) Gourley v. Department of Workforce Services (Utah Ct. App., November 28, 2014) (refusing to disturb board determination that Gourley had fraudulently received unemployment benefits and imposing repayment and civil penalty)
