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Klar v. Safeway Inc.

United States Court of Appeals, Ninth Circuit
Aug 5, 2003
70 F. App'x 982 (9th Cir. 2003)

Opinion


70 Fed.Appx. 982 (9th Cir. 2003) Kathleen KLAR, Plaintiff--Appellant, v. SAFEWAY INC., Delaware corporation, Defendant--Appellee. No. 01-35772. United States Court of Appeals, Ninth Circuit. August 5, 2003

Argued and Submitted July 8, 2003.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Oregon, Donald C. Ashmanskas, Magistrate, Presiding. D.C. No. CV-00-00100-DCA.

Before: SCHROEDER, Chief Judge, GOODWIN and BERZON, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

Kathleen Klar appeals from the grant of summary judgment in favor of Safeway, Inc., in her action under Oregon law for wrongful constructive discharge. To prevail she must show that her working conditions were objectively intolerable, and that a reasonable person would have resigned on their account. McGanty v. Staudenraus, 321 Or. 532, 901 P.2d 841, 856-57 (1995). Klar received a favorable evaluation and resigned on the basis of a single, isolated incident. We agree with the reasoning of the district court that Klar was not constructively discharged, and we therefore affirm the grant of summary judgment.

AFFIRMED


Summaries of

Klar v. Safeway Inc.

United States Court of Appeals, Ninth Circuit
Aug 5, 2003
70 F. App'x 982 (9th Cir. 2003)
Case details for

Klar v. Safeway Inc.

Case Details

Full title:Kathleen KLAR, Plaintiff--Appellant, v. SAFEWAY INC., Delaware…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 5, 2003

Citations

70 F. App'x 982 (9th Cir. 2003)