IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT ANCHORAGE
JOHN C. PHIPPS, Plaintiff,
v.
RICHARD NEAR and SAFEWAY, INC., Defendants.
CASE NO. 3AN-96-8804 CI
ORDER
This case is before the court on plaintiff's Motion for Summary Judgment Against Defendant Safeway,
ary Judgment.
RELEVANT BACKGROUND
Around 1986 or 1987, John Phipps ("Phipps") was hired by Safeway, Inc. ("Safeway"). His first job
g in California and with the approval of his supervisor, Phipps received vendor gratuities. For
ding the World Series, and a trip to Mexico, all paid for by vendors.
Subsequently, Phipps was transferred to Seattle, Washington, where he rose to Category Manager.
rsonnel accept vendor gratuities on a regular basis, including tickets to professional sports
posters, and wine-tasting trips to central Washington (discussed in more detail, below). In 1994
with two of his supervisors, Robert Diens ("Diens") and Richard Dreiling ("Dreiling"), and their
In 1995, Phipps was promoted to Sales Manager and was transferred to Alaska. His mandate was to
d liquor in Alaska," placing special emphasis on the liquor market. See Phipps Affidavit. He was
vendor community. Id.; see also Diens Deposition at 20-24. Before Phipps' transfer to Alaska,
SNIPPETS:
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
This case is before the court on plaintiff's Motion for Summary Judgment Against Defendant
Around 1986 or 1987, John Phipps was hired by Safeway, Inc..
While working in California and with the approval of his supervisor, Phipps received vendor
Subsequently, Phipps was transferred to Seattle, Washington, where he rose to Category
Phipps was promoted to Sales Manager and was transferred to Alaska.
see also Diens Deposition at 20-24.
Weingartner and Cook also reported to Dreiling, and Dreiling reported to Diens, Seattle
During Phipps' employment, Safeway had at least three policies in place: a Corrective Action
According to Dreiling, the Code was not strictly enforced before 1994, but that around 1994,
employees are directed to report to their supervisor or to the human resources manager any
Moderate meals or entertainment from representatives of suppliers or potential suppliers in
A general test for whether a trip is a bona fide business trip is, in the absence of the
Seattle and Anchorage followed both the corporate-wide Code of Business Conduct and the
Violation of these regulations and rules will result in discipline up to and including
This section concludes with the following statement: ANY VIOLATION OF THIS POLICY MAY BE
Indeed, during 1995 and 1996, Phipps went on at least three fishing trips sponsored by
In his Amended Complaint, plaintiff seeks compensatory damages for wrongful termination,
Phipps argues that the at-will employment contract was breached when Safeway failed to apply
Phipps argues that the covenant of good faith and fair dealing was breached when Safeway
With regard to situations where Company executives are offered meals or moderate
|
