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RUSHING v. SAIF CORP.

CV05070838; A134652.

196 P.3d 115 (2008)

223 Or. App. 665

Harold (Gene) RUSHING, Plaintiff-Appellant, v. SAIF CORPORATION, an Oregon public benefit corporation, and Yvette Baker, an individual, Defendants-Respondents, and Judi Janzen and David Jordan, Defendants.

Court of Appeals of Oregon.

Decided November 12, 2008.

Attorney(s) appearing for the Case

Eric J. Fjelstad argued the cause for appellant. With him on the briefs was Smith & Fjelstad.

Karla H. Alderman, Assistant Attorney General, argued the cause for respondents. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

Plaintiff initiated this action against SAIF Corporation1 for breach of contract and denial of due process under 42 U.S.C. section 1983, arising out of SAIF's rescission of an offer of employment. The parties filed cross-motions for summary judgment; plaintiff argued that he had a constitutionally protected expectation of employment, while SAIF argued that it is an at-will employer that may withdraw employment offers at any...

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