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Indeed, the deposition testimony of Allen, Taylor, Zimmerman, and Gordon Fifer, the Springfield store's manager from 1977-87, demonstrates that Sears does not have any written policy. The crux of his complaint is that he, but not Schaertl, was fired. In attacking Sears's reason for terminating him, Sarsha argues that the company had no policy prohibiting employees from dating. Brey, 961 F.2d 109, 111-12 (7th Cir.1992).3 Sarsha also contends that Sears discriminated against him on the basis of his sex. In the event that, prior to the payment date of his or her Award, a Participant (i) retires (as defined in subsection 5.1(a) above), (ii) suffers a permanent and total disability (as defined in the written Company Human Resources Policy) while employed by the Company or a Subsidiary, or (iii) is involuntarily terminated on account of job elimination (rather than poor performance) and without Cause (as defined in subsection 5.1(a) above), subject to Section 6, below, such individual shall be entitled to a distribution in an amount equal to the Cash Incentive Award, if any, that would otherwise be payable to the Participant under subsection 3.1, above, pro-rated through the date of termination in accordance with subsection 5.1(d) below; provided, however, that in no event shall a Participant receive any payment hereunder unless (A) LTIP EBITDA for the period from the inception of the Performance Period through the last completed full month that occurs on or preceding the Participant's date of termination is equal to or greater than Target LTIP EBITDA (pro-rated in accordance with subsection 5.1(d) below), (B) LTIP EBITDA is equal to or greater than Target LTIP EBITDA for the Performance Period, and (C) as of his date of termination, the Participant had been employed by one or more of the Company, Sears Holdings Management Corporation, Sears, Roebuck and Co., Kmart Holding Corporation or one of their Subsidiaries, for at least 12 months of the Performance Period applicable to such individual. In the event that a Participant dies while employed by the Company or a Subsidiary and prior to the payment date for his or her Award, his or her Target Cash Incentive Award shall be prorated through the date of death, in accordance with subsection 5.1(d) below, and, subject to Section 6, below, his or her estate shall be entitled to receive a Cash Incentive Award, equal to his or her prorated Target Cash Incentive Award and payable in cash, provided, however, that in no event shall a payment be made with respect to a deceased Participant hereunder unless as of his date of termination he had been employed by one or more of the Company, Sears Holdings Management Corporation, Sears, Roebuck and Co., Kmart Holding Corporation or one of their Subsidiaries, for at least 12 months.(d) All pro rations of the Cash Incentive Award, the Target Cash Incentive Award, or Target LTIP EBITDA, as applicable, under this Section 5 are based on a fraction, the numerator of which is the number of full months during the Performance Period in which the Participant was employed by the Company or any Subsidiary, and the denominator of which is the full number of months in the Performance Period.In the event that a Participant voluntarily terminates employment (unless the Participant retires (in accordance with the definition of "retires" or "retirement" contained in the written Company Human Resources Policy as in effect from time to time, or with written Committee consent)), or is involuntarily terminated for "poor performance" or with "Cause" (each as defined in the Participant's Executive Severance/Noncompete Agreement or other employment contract, or if such term does not appear therein, or, if the Participant has no Executive Severance/Noncompete Agreement or other employment contract, then as defined in Section 9) prior to the payment date of his or her Award, such Participant shall forfeit all of his or her Award.

sears policy on employee dating-37sears policy on employee dating-67sears policy on employee dating-57sears policy on employee dating-65

Based on the record, we believe that a material issue of fact exists as to whether or not Sears has a policy against employee dating. Taking Sarsha's allegations as true, we conclude a material issue of fact exists concerning whether or not he was warned that dating in general, or his relationship with Schaertl in particular, would result in dismissal.

Once upon a time, before Amazon.com, much of America and Canada shopped at Sears.

Folks with access to little more than the local general store could comb through its catalogs and buy everything from, well, combs to stately do-it-yourself houses.

But here’s the thing: Whether or not there are policies forbidding them, office relationships happen.

A recent survey by Career Builder found that nearly 40% of employees admitted to having a romantic relationship with a co-worker.




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