United States Tenth Circuit

In an action for wrongful termination, summary judgment for defendant-Microsoft is affirmed in part where no rational jury, viewing the emails and facts set forth in the record in a light most favorable to plaintiff, could infer the existence of an express employment contract, signed by an officer of defendant setting a minimum employment period, and containing language superseding a prior agreement. However, the judgment is reversed in part where service of process was not untimely because, once his case was removed to federal court by defendant, plaintiff then had 120 days in which to effect service.

Appellate Information

• Decided 02/18/2010
• Published 02/18/2010

Judges

• McKAY, Circuit Judge., Before MURPHY, McKAY, and BALDOCK, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: A.J. Kotich and Glenn H. Griffeth, Topeka, KS, for Plaintiff-Appellant.


• For Appellees:
  
• Michael L. Blumenthal and Courtney A. Hasselberg, Seyferth Blumenthal & Harris, LLC, Kansas City, MO, for Defendant-Appellee.