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Scanlon v. Tremco12/3/1998
JUDGMENT Affirmed.
Michael Scanlon, plaintiff-appellant, appeals from the judgment of the Cuyahoga County Court of Common Pleas, General Division, Case No. CV-319998, in which the trial court granted the motion for summary judgment of Tremco, Inc., defendant-appellee, on plaintiff-appellant's breach of employment contract claim. Plaintiff-appellant assigns two errors for this court's review.
Plaintiff-appellant's appeal is not well taken.
Plaintiff-appellant beganworking at Tremco, Inc. (hereinafter Tremco ) in 1984 as a salesman. In March of 1993, Tremco approached plaintiff-appellant regarding a possible overseas assignment in the company's international division in Kuala Lumpur, Malaysia. Tremco planned to start a joint venture with a Malaysian company known as Sine Darby and wanted plaintiff-appellant to develop the sales operations for the joint venture. The assignment was to last at least three years. Plaintiff-appellant was informed that successful handling of the Malaysia assignment would enhance his future with Tremco.
Negotiations ensued during which an agreement was reached whereby plaintiff-appellant agreed to accept the overseas position. The agreement, which was reduced to writing, contained the following provisions: (1) the Malaysia assignment was to last for three years; (2) at the conclusion of the three-year period, plaintiff-appellant couldreturn to the United States, Canada or to another mutually agreeable location where Tremco agreed to provide plaintiff-appellant with a position of equivalent responsibility to the overseas position; (3) plaintiff-appellant could remain in Malaysia, with the approval of Sine Darby, at a mutually agreed upon salary; and (4) should Tremco decide to terminate plaintiff- appellant's employment during the period of the overseas assignment, plaintiff-appellant would receive three months notice and a termination payment equal to six months base salary.
In July 1996, plaintiff-appellant concluded his three-year assignment in Malaysia. Pursuant to the terms of the prior agreement, Tremco offered plaintiff-appellant the choice of three different assignments: (1) manager of Tremco operations in Australia; (2) operations manager of Tremco Service Corporation; and (3) marketing manager in Tremco's auto glass business unit in Cleveland, Ohio. Subsequently, plaintiff-appellant was offered a fourth position with Tremco as the marketing manager in the glazing division of the auto glass unit. This position was also located in Cleveland, Ohio. Ultimately, plaintiff-appellant accepted the position of marketing manager in the glazing division.
Plaintiff-appellant began working in Cleveland in April of 1996. Admittedly, plaintiff-appellant had no practical experience in marketing, having been a salesman throughout most of his career. Consequently, Tremco maintains that plaintiff-appellant performed poorly in the new position. On October 31, 1996, after six months as marketing manager of the glazing division, Tremco terminated plaintiff-appellant's employment.
On December 5, 1996, plaintiff-appellant filed the underlying complaint in which he maintained that Tremco breached the employment contract executed in conjunction with plaintiff- appellant's acceptance of the Malaysian assignment. Plaintiff- appellant also asserted a claim for promissory estoppel.
On July 18, 1997, Tremco filed a motion for summary judgment in which it maintained that it fulfilled the terms of its written agreement with plaintiff-appellant; the agreement itself expired when plaintiff-appellant returned to work in the United States; and Tremco made no specific promise of continued employment beyon
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