A motion for summary judgment should be granted “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. This court reviews a district court's grant of summary judgment de novo. Semple now appeals the decision of the district court. The district court granted summary judgment in favor of Federal Express. Semple appealed his termination within Federal Express's internal appeals process, and when this appeal was denied, he filed suit in district court. Semple, however, claims that this was pretextual, and that he was really terminated for filing a harassment complaint. Federal Express's stated basis for terminating Semple was for the intentional and deliberate falsification of delivery records in violation of company policies. After this investigation, Semple was terminated. During this investigation, Semple admitted to scanning at least one package as delivered prior to delivery in order to meet scheduled delivery times. Shortly after this complaint was filed, Semple's supervisors investigated his delivery records due to suspicious delays and gaps between deliveries. In September 2005, he filed a formal harassment complaint. Around this time, his relationship with his direct supervisors began to deteriorate as Semple allegedly experienced offensive and harassing conduct. 7īy 2004, Semple was working as a delivery courier at Federal Express's Rapid City, South Dakota branch. 3 This manual included specific provisions governing: (1) acceptable conduct (Section 2-5) 4 (2) termination (Section 4-90) 5 (3) harassment (Section 5-55) 6 and (4) a Guaranteed Fair Treatment Procedure (GFTP) and EEO Complaint Process. In addition to his employment contract, Semple received an employment manual. I do hereby agree ․ (11) That during the time of my employment, which I understand is indefinite, I will comply with the guidelines set forth in the Company's policies, rules, regulations and procedures ․ I ALSO AGREE THAT MY EMPLOYMENT AND COMPENSATION CAN BE TERMINATED WITH OR WITHOUT CAUSE AND WITHOUT NOTICE OR LIABILITY WHATSOEVER, AT ANY TIME, AT THE OPTION OF EITHER THE COMPANY OR MYSELF. At the time he was hired, Semple signed an employment contract which included the following statement: Semple began working for Federal Express in 1990. For the following reasons, we affirm the decision of the district court. John Semple (“Semple”) appeals the district court's grant of Federal Express Corporation's (“Federal Express”) motion for summary judgment. Grytdahl, argued, Memphis, TN, for appellee. Hickey, on the brief, Rapid City, SD, for appellant. Sarah Elizabeth Baron Houy, argued, Michael M. Decided: May 29, 2009īefore COLLOTON and SHEPHERD, Circuit Judges, and GOLDBERG,1 Judge. FEDERAL EXPRESS CORPORATION, Defendant-Appellee. United States Court of Appeals,Eighth Circuit.
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