FEDERALCourt of Appeals for the Sixth Circuit
1999

Robert J. Skalka v. Fernald Environmental Restoration Management Corporation

178 F.3d 414Court of Appeals for the Sixth Circuit • Decided 1999Modified
Liquidated DamagesCited 64 times

HOLDING

Four workers sued FERMCO (an environmental contractor) for age discrimination and breach of contract after being terminated. The court upheld age discrimination claims for one worker (Skalka) who was the oldest in his peer group and had superior performance ratings, but rejected the same claims for another worker (Conover). The court threw out all breach of contract claims, ruling that general promises about fair treatment don't create binding employment contracts under Ohio law.

KEY FINDINGS

Liquidated Damages

Vague fairness promises in employee handbooks or verbal assurances won't protect you legally—only specific, detailed contract terms are enforceable

FULL COURT OPINION