Ortega v. Wakefield Thermal Solutions

Wakefield Thermal Solutions, Inc. (Wakefield) (defendant) fired Jose Ortega (plaintiff) after Ortega returned three days late from a scheduled vacation. At the time, Ortega had been employed by Wakefield for 22 years and had worked his way up to a supervisor position. Ortega was a hard worker with no disciplinary record. Wakefield’s employee handbook stated that employees would generally be given advance notice of any serious problems with their performance. The handbook also included a progressive discipline policy in which an employee would be subject to a verbal warning, written warning, and suspension before being terminated for misconduct. However, the handbook also included a disclaimer, which Ortega signed, acknowledging that the handbook’s policies and procedures were not terms and conditions of employment, nor did they constitute a contract. The handbook further stated that no employee was hired for a definite term and that Wakefield retained the right to discharge any employee without notice or cause. Ortega’s delay in returning to work was the result of a missed flight, and Ortega claimed that he took the next available flight. Ortega returned to work the following day and was fired about an hour after arriving at the workplace. A Wakefield human-resources manager claimed that she had spoken to a travel agent who advised that there were earlier flights Ortega could have taken. Wakefield asserted that Ortega was discharged for dishonesty, not for having returned late from his vacation. Ortega sued Wakefield for wrongful discharge, and Wakefield moved for summary judgment.