Fesler v. Whelen Eng'g Co., No. 11-2666 (8th Cir. 2012)
Annotate this CaseDavid Fesler, a former sales representative with Whelen Engineering Company, sued Whelen for breach of contract. Fesler alleging that he was an employee of Whelen, that policy documents issued by Whelen applicable to sales representatives created a unilateral contract of employment, and that Whelen breached that unilateral contract of employment by terminating him without just cause and by failing to provide him with notice of substandard performance and an opportunity to cure. The district court granted summary judgment for Whelen. The Eighth Circuit Court of Appeals affirmed, holding that because Fesler was an independent contractor and not an employee, the policy documents could not have created a unilateral contract. Thus, the district court properly dismissed Fesler's claim for breach of contract.
Court Description: Civil case - contracts. Fesler was an independent contractor and not an employee of Whelen, and the district court did not err in dismissing his claim for breach of contract arising out of the termination of his working relationship with Whelen.
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