Ferrera v. A. C. Nielsen
Colorado Court of Appeals
799 P.2d 458 (1990)
Relevant factsFree
Nielsen (defendant) suspended Ferrera (plaintiff) for falsifying a time card. Nielsen's employee handbook reserved the right to discharge employees whenever, in Nielsen's opinion, it was warranted, and included a disclaimer — on the first page, headed "IMPORTANT" in capital letters — stating the handbook was not a contract. Ferrera had signed an acknowledgment confirming she received and read the handbook. She sued for wrongful discharge; the trial court granted Nielsen summary judgment based on the disclaimer.
IssueFree
Whether a discharged employee has a breach-of-contract claim based on an employee handbook when the handbook contains a clear and conspicuous disclaimer disavowing contractual intent.