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Ferrera v. A. C. Nielsen

Colorado Court of Appeals
799 P.2d 458 (1990)


Facts

Nielsen (defendant) suspended Ferrera (plaintiff) for falsifying a time card. Nielsen had an employee handbook that provided that it reserved the right to discharge employees when, in Nielsen’s opinion, it was warranted. The handbook also contained a disclaimer stating that the handbook did not constitute a contract. The disclaimer was on the first page of the handbook and was headed by the word “important,” which was written in capital letters. Ferrera signed an acknowledgement stating that she had received and read the handbook. Ferrera brought suit for wrongful discharge. Nielsen moved for summary judgment. The trial court entered summary judgment for Nielsen, holding that the handbook did not constitute a contract because it contained a disclaimer. Ferrera appealed to the Court of Appeals of Colorado.

Rule of Law

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Coyte, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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