Magnuson v. Mullen

OPINION

LEE ANN DAUPHINOT, Justice.

Appellant Kenneth J. Magnuson appeals from the trial court’s judgment dismissing his suit against Appellees Randy Mullen, Electronic Data Systems, Inc. a/k/a EDS, and other unknown employees of EDS (collectively, Appellees) with prejudice to its refiling. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Magnuson was hired by EDS as a systems administrator on August 21, 1995. In October 1997, Mullen, Magnuson’s manager at EDS, prepared a “Performance Improvement Plan” (PIP) for Magnuson. The PIP stated that Magnuson was either tardy or absent from work without…