940 F2d 668 Gibson v. American Hospital Supply Corporation
940 F.2d 668
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Quinton GIBSON, Petitioner-Appellant,
v.
AMERICAN HOSPITAL SUPPLY CORPORATION, Respondent-Appellee.
No. 90-35875.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted July 12, 1991.
Decided July 29, 1991.
Before D.W. NELSON, NOONAN and THOMAS G. NELSON, Circuit Judges.
MEMORANDUM*
FACTS
Quinton Gibson brought suit against his former employer, American Hospital Supply Corp., alleging that American breached Montana's implied covenant of good faith and fair dealing by terminating Gibson without just cause or reason. The district court granted summary judgment for American. Gibson appeals.
ANALYSIS
An employer's obligation imposed by the covenant of good faith and fair dealing is met if the employer provides a fair and honest reason for the employee's dismissal. Coombs v. Gamer Shoe Co., 778 P.2d 885, 887 (Mont.1989). In the present case, Gibson did not dispute his failure to comply with the terms of his probation or that he lied to his employer about his compliance. In these circumstances the district court correctly found that Gibson's termination was justified as a matter of law. See Barrett v. ASARCO, 763 P.2d 27, 33 (Mont.1988); see also Majerus v. Skaggs Alpha Beta, 799 P.2d 1053, 1056 (Mont.1990).
Therefore the judgment of the district court is AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3