United States Court of Appeals

FOR THE EIGHTH CIRCUIT

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No. 01-2540

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Steven T. Kattke, *

*

Appellant, * Appeal from the United States

* District Court for the District

v. * of Minnesota.

*

The Independent Order of Foresters, * [UNPUBLISHED]

*

Appellee. *

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Submitted: February 11, 2002

Filed: February 27, 2002 

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Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.

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PER CURIAM.

After Steven T. Kattke received notice from Prudential Insurance that his

senior executive position would be eliminated, Kattke approached a headhunter to

help him find another job. The headhunter facilitated a meeting between Kattke and

Steve Stone, the vice president of sales of the Independent Order of Foresters (IOF).

During negotiations, Kattke told Stone that his salary requirement was $300,000-

350,000 and Stone sought to assemble a sales territory that would support this salary.

Stone told Kattke that he wanted Kattke to be a regional vice president (RVP) for

IOF, but no formal agreement was in place and no formal agreement was expected for

several months. Stone stated that the salary for the finalized RVP position would be
*

The Honorable Ann D. Montgomery, United States District Judge for the

District of Minnesota.

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around $330,000. Because Stone did not want Kattke to accept another job, Stone

offered Kattke a temporary position as director of emerging markets at a salary of

$150,000. Kattke accepted the temporary position and began work. Soon after,

Kattke received and signed a formal offer letter, describing a six-month limited

position as director of emerging markets. Several months passed. Kattke interviewed

for the RVP position, believing he was already slated for it. Stone then told Kattke

that he did not do well in the interview and would not be moving forward in the RVP

assessment process. IOF informed Kattke it would not renew his temporary position

after the initial six months. After a brief search, Kattke accepted a position with Met

Life Financial Services as managing director of California at a salary of $280,000.

Kattke sued IOF, claiming promissory estoppel and false inducement to enter

employment under Minnesota Statutes §§ 181.64-65 (1998). Sitting in diversity and

applying Minnesota law, the district court*

 granted IOF’s motion for summary

judgment. Kattke now appeals. Having reviewed the record and the district court’s

determinations of state law de novo and considered the facts and all reasonable

inferences that can be drawn from them in the light most favorable to Kattke, we

conclude the district court correctly granted summary judgment to IOF. See Boerner

v. Brown & Williamson Tobacco Corp., 260 F.3d 837, 841 (8th Cir. 2001).

To succeed on his promissory estoppel claim, Kattke must show: (1) IOF made

a clear and definite promise of employment to Kattke; (2) detrimental reliance; and

(3) injustice. Fox v. T-H Cont’l Ltd. P’ship, 78 F.3d 409, 413 (8th Cir. 1996)

(applying Minnesota law). Kattke failed to show that IOF clearly and definitely

promised him the RVP position. Although the record indicates IOF wanted Kattke

for the RVP slot and Kattke and Stone discussed the potential position, the record is

clear that no formal offer for the RVP position was made. Without a definite promise,
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the law will not impose the burdensome obligation of employment on an employer.

Snow v. Ridgeview Med. Ctr., 128 F.3d 1201, 1209 (8th Cir. 1997). We reject

Kattke’s argument that the district court failed to apply Ruzicka v. Conde Nast

Publ’ns, Inc., 999 F.2d 1319, 1321-22 (8th Cir. 1993). Ruzicka is distinguishable

because the conflict between Ruzicka’s claim of a clear promise and the Conde Nast’s

claim no clear promise was made raised a material question of fact not suitable for

summary judgment disposition. Here, there is no conflict about whether IOF clearly

promised Kattke the RVP position because Kattke himself does not claim that IOF

clearly and definitely offered him the RVP position, merely that IOF intended to at

some point in the future. Kattke also fails to show detrimental reliance on the alleged

promise. Kattke did not turn down any other concrete job offers to accept the

temporary IOF position. Removing oneself from an active job market is insufficient

to show detrimental reliance. Friedman v. BRW, Inc., 40 F.3d 293, 297 (8th Cir.

1994). Finally, Kattke fails to show an unjust result. He accepted the only available

concrete job offer with IOF. When the temporary job expired, Kattke was able to find

a replacement position with Met Life at a substantially higher salary. 

Kattke also fails to make a case under Minnesota Statutes § 181.64 for false

inducement to enter employment. To satisfy the language of the statute, an employee

must “change from one place to another.” We agree with the district court that this

language requires that Kattke physically move, not merely enter employment with

another employer. 

Accordingly, we affirm on the grounds stated in the district court’s wellreasoned opinion. We also grant Kattke’s motion to correct the record.
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A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.