Korslund v. DynCorp Tri-Cities Services

Steven Korslund, Virginia Miller, and John Acosta (employees) (plaintiffs) were employees of DynCorp Tri-Cities Services, Inc. and Fluor Daniel Hanford, Inc. (employers) (defendants). The employees worked in the Fire Systems Maintenance group. The employees became concerned that there were safety violations in their group and that other employees were abusing work hours. The employees submitted written complaints that raised these concerns. In response, according to the employees, they were retaliated against in various ways. Under an employment handbook provided by the employers, management guaranteed an open-door policy ensuring that employees were not retaliated against for raising concerns. Indeed, the agreement stated that employees who engaged in harassment would be subject to corrective measures. The employers had discretion to determine that discipline. Similarly, another handbook document stated that an employee could be discharged for failing to report violations of law or internal standards. The employees were generally aware of these documents. In response to the workplace harassment and retaliation, the employees sued the employers for breach of promises of specific treatment in specific situations under the handbook. The district court granted the employers’ motion for summary judgment, and the employees appealed.