Full opinion text
MEMORANDUM ORDER ERICRSON, United States Magistrate Judge. I. Introduction This matter came before the undersigned United States Magistrate Judge pursuant to the consent of the parties, as authorized by Title 28 U.S.C. § 686(e)(3), upon the Defendant’s Motion for Summary Judgment. A Hearing on the Motion was held on January 25, 1996, at which time the Plaintiff appeared by John A. Fabian, Esq., and the Defendant appeared by Joseph W. Hammell, Esq. For reasons which follow, we grant the Defendant’s Motion for Summary Judgment. II. Factual and Procedural Background On July 7, 1989, the Defendant hired the Plaintiff as a machine operator, when the Plaintiff was 45 years old. The Defendant is engaged in the business of manufacturing and leasing railway maintenance equipment, and of providing trained personnel to provide rail maintenance services to railroads. As a machine operator, the Plaintiff was “responsible for operating and maintaining railway equipment in a safe and efficient manner.” Affidavit of Linda Mealey-Lohmann, Exhibit C, Machine Operator Job Description. In that capacity, the Plaintiff worked on a rail grinding machine, which is a self-propelled train that is equipped with electric grinding motors which are used to grind steel rails into a proper shape. Affidavit of Robert Matthews, at ¶ 6. On November 30, 1992, the Plaintiff was injured while assisting in the overhaul of a rail grinding machine. As a result of his injury — -which occurred when a 4,000 pound piece of machinery fell upon his chest — the Plaintiff was hospitalized for nine days. The accident fractured several ribs, caused some swelling of his brain, and resulted in an undisclosed injury to his right shoulder. The Plaintiff contends that, during the coursé of his hospital stay, three of the Defendant’s officials visited him, and that one of the three individuals — he cannot recall which one in particular — told him that he should not worry about a job because he was going to have one. Braziel Deposition at 70. The Plaintiff has conceded, however, that he does not specifically recall what was said to him with respect to his continued employment. Id. at 71. The Plaintiff returned to work for the Defendant on January 18, 1993. According to his deposition testimony, he was reassured, shortly thereafter, concerning his employment. In this respect, he avers that Ralph Weber (‘Weber”), who .is the Manager of Safety and Environment in the Defendant’s Risk Management Department, discussed his future employment with the Defendant on three occasions. Id. at 54. Although, with respect to two of those discussions, the Plaintiff believes that Weber may have been referring to “light duty” positions,. he testified that Weber, in a third discussion, informed him that “he would find me something permanently to do.” Id. at 60-65. The Plaintiff also asserts that James Wood, who was one of the three officials who visited him at the hospital, told him not to worry because he had a job. Id. at 73. Upon his return to work with the Defendant, the Plaintiff was “assigned light duty work because of his injuries.” Complaint at ¶ 10. The Plaintiff has alleged that, as his condition improved, “he was reassigned to jobs within his physical abilities and medical restrictions.” Id. at ¶ 11. As related in his deposition testimony, the Plaintiff worked as a field clerk, for approximately one month, in order to relieve a vacationing employee, see Braziel Deposition at 46, and he worked as a machine operator for one week. However, rather than work a full shift in the machine operator position, he merely ran the rail grinding machine while the regular operator broke for lunch. Id. at 192-194. The Plaintiff also contends that he worked, for approximately two months, in the Defendant’s research and development center performing tests on grinding stone. Id. at 342. In addition, his deposition testimony reveals that, after the accident, the Plaintiff assembled manuals, in three-ring binders, and delivered parts, by truck, to various locations. Id. at 175. On April 13 and 14, 1993, the Plaintiff underwent a functional capacity evaluation in order to determine his physical capabilities and limitations. Upon evaluation, Mary Beth Purdie (“Purdie”), who is an Occupational Medicine Specialist, concluded that the Plaintiffs physical capabilities did not match the job requirements of the Machine Operator position, as the substance of those requirements had been related to her by the Plaintiff. In July of 1993, Dr. James R. Allen, who was the Plaintiffs treating physician, certified that the Plaintiff had reached Maximum Medical Improvement (“MMI”) as of June 3,1993. On July 8, 1993, shortly after Weber learned that the Plaintiff had reached MMI, he drafted a Memorandum in which he asked Doug Grant (“Grant”), who is the Defendant’s Manager of Human Resources, and Matthews, who was then the Defendant’s Director of Operations, whether they were aware of any job positions that would satisfy the Plaintiffs medical restrictions. The Memorandum stated as follows: According to Dr. Michienzi, the company physician, Tony Braziel has now reached maximum medical improvement (MMI). The restrictions are outlined on the enclosed form R-33. The form is pretty detailed, but the most significant restriction is that Tony cannot lift nor carry more than 55 Lbs, with a rarely lift or carry more than 45 to 50 Lbs at any one time. Based on these restrictions, does either Operations or Human Resources have a permanent position available for Tony within the organization? If so, please advise. If not, then Tony will need to be released from Loram employment, based on medical reasons and Wau-sau Insurance will take over payment of wages and determine whether or not training or other vocational type rehabilitation is recommended. Affidavit of Linda Mealey-Lohmann, Exhibit J, Memorandum dated July 8, 1998. Matthews has testified that, in response to this Memorandum, he contacted Dave Taylor (“Taylor”), who is the Defendant’s Manager of Engineering, and George Anderson (“Anderson”), who is a Regional Manager of the Defendant. Matthews Deposition, at p. 10. Taylor advised that there were no positions available, and Anderson, who had previously supervised the Plaintiff when he worked as a field clerk, related that the Plaintiff had performed poorly at that position and had to be removed. Id. at 10-11. Grant responded to the Memorandum by informing Weber that the Department of Human Resources did not have any openings for a permanent position, nor did he anticipate any openings for the remainder of 1993. Affidavit of Linda Mealey-Lohmann, Exhibit K, Letter dated July 16,1993. On August 19,1993, an opening was posted for the position of Operations Clerk. At his deposition, the Plaintiff testified that Weber and Bill Burg (“Burg”), who was the Defendant’s Manager of Field Safety, encouraged him to apply for that position. The Plaintiff testified that it was his impression that Weber and Burg wanted him to get the job, and that is why they encouraged him to submit an application. With the assistance of a secretary employed by the Defendant, the Plaintiff submitted his application on August 25, 1993. Braziel Deposition at 150. On October 5,1993, the Plaintiff was notified that the Defendant had decided not to fill that position. On December 28,1993, the Defendant terminated the Plaintiffs employment. According to the Plaintiff, he was summoned to Matthews’ office, where Weber was waiting, and was told that his service was no longer needed. Id, at 349. Matthews then handed the Plaintiff a written termination notice, which provided as follows: I have been informed by the Loram Risk Management Department that you have reached maximum medical improvement from your work-related injury. Our department, as well as other departments in the company, have been asked to review the possibility of a permanent position which would incorporate the various physical restrictions that have been identified with your condition. After performing a thorough review of positions that might become available, we do not find any suitable positions that would be able to accommodate your physical restrictions that were determined by the physicians. Therefore, Loram is severing your employment effective December 28, 1993. We will, howevei’, pay you through January 7, 1994. Hereinafter, it is our understanding that you may be eligible for benefits under Minnesota’s Workers Compensation laws. Affidavit of Linda Mealey-Lohmann, Exhibit N, Termination Letter dated December 28, 1993. The termination letter was signed by Matthews. After reviewing the letter, the Plaintiff testified to the following exchange: Q: What happened after you read the letter? A: I asked [Matthews] why I was being terminated. Q: And then what did he say? A: He didn’t say anything. That’s when Ralph Weber spoke up. He said, ‘We have to take into consideration your age and your disability.” I said, ‘What does my age have to do with it?” I said, “I can work along with the 18-year-olds, younger guys than me, 12 hours a day. I can perform the job just as good as they can.” He sat there and didn’t say another word. He couldn’t give me an answer. Braziel Deposition, at pp. 351-352. In turn, Weber categorically denies making the alleged statement concerning the Plaintiffs age and disability. Weber Deposition at 14. On August 11, 1994, the Plaintiff filed a Complaint with the Equal Employment Opportunity Commission (“EEOC”), and with the Minnesota Department of Human Rights (“MDHR”), in which he alleged that he was “wrongfully terminated on 12/28/93 because of [his] age and [his] disability.” Affidavit of Linda Mealey-Lohmann, Exhibit L, Original Charge of Discrimination. Consistent with this assertion, he reported, on an EEOC intake questionnaire, that the earliest discrimination occurred on December 28, 1993, and that the latest discrimination occurred on that same date. Id., Exhibit K, EEOC Intake Questionnaire. On January 11, 1996 — 14 days after the service of the Defendant’s Motion for Summary Judgment — the Plaintiff filed an unsigned amended charge of discrimination. The amended charge states that, in addition to being wrongfully terminated for the impermissible reasons of his age and disability, the Plaintiff was also “denied pay raises, performance evaluations, reasonable accommodation, job transfers and positions within my medical restrictions.” Affidavit of John Fabian, Exhibit 4, Amended Charge of Discrimination. On or about April 7, 1995, the Plaintiff commenced this action in Minnesota State Court, and the Defendant removed the case to this Court pn April 28, 1995. In his Complaint, the Plaintiff asserts that the Defendant discriminated against him on the basis of a disability, in violation of the Americans with Disabilities Act (“ADA”), Title 1>2 U.S.C. § 12131 et seq., and the Minnesota Human Rights Act (“MHRA”), Minnesota Statutes Section 363.01, et seq.; that the Defendant discriminated against him on the basis of his age, in violation of the Age Discrimination in Employment Act (“ADEA”), Title 29 U.S.C. § 621 et seq., and the MHRA; and that the Defendant breached an alleged contract of employment for life. Following its filing of an Amended Answer, the Defendant has moved for Summary Judgment as to the entirety of the Plaintiffs Complaint. We have Federal question jurisdiction, under Title 28 U.S.C. § 1331, over the Plaintiffs Federal claims, and supplemental jurisdiction over the State law claims, as allowed by Title 28 U.S.C. § 1441(e). III. Discussion A. Standard of Review. Summary Judgment is neither an acceptable means of resolving triable issues, nor is it a disfavored procedural shortcut when there are no issues which require the unique proficiencies of a Jury to weigh the evidence and to render credibility determinations. Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). A Summary Judgment is warranted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Rule 56, Federal Rules of Civil Procedure. For these purposes, a disputed fact is “material” if it must inevitably be resolved and the resolution will determine the outcome of the case, while a dispute is “genuine” if the evidence is such that a reasonable Jury could return a verdict for the non-moving party. See, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986) (“An issue of material fact is genuine if it has a real basis in the record.”). As Rule 56(e) makes clear, once the mov-ant presents a properly supported Motion, the burden shifts to the non-moving party to demonstrate the existence of a genuine dispute. While the Court views the evidence in favor of the nonmoving party and gives that party the benefit of every justifiable inference that may be drawn from that evidence, “an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleading, but * * * must set forth specific facts showing that there is a genuine issue for trial.” Rule 56(e), Federal Rules of Civil Procedure, [emphasis supplied]; Krenik v. County of Le Sueur, 47 F.3d 953, 957 (8th Cir.1995); State of Nebraska ex rel. Nelson v. Central Interstate Low-Level Radioactive Waste Comm’n., 26 F.3d 77, 80 (8th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 483, 130 L.Ed.2d 395 (1994); see also, Cram v. Lamson & Sessions Co., 49 F.3d 466, 471 (8th Cir.1995); Barnard v. Jackson County, Missouri, 43 F.3d 1218, 1223 (8th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 53, 133 L.Ed.2d 17 (1995). The non-moving party may not rest upon the mere denials or allegations of its pleadings, nor may it simply argue that operative facts will be subsequently developed which will support its claim. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., supra at 586, 106 S.Ct. at 1356 (“[Ojpponent must do more than simply show there is some metaphysical doubt as to the material facts.”); see, generally, S. Childress, A New Era for Summary Judgments: Recent Shifts at the Supreme Court, 116 F.R.D. 183, 188 (1987). Moreover, a party is entitled to Summary Judgment where its opponent has failed “to establish the existence of an element essential to [its] case, and on which [it] will bear the burden of proof at trial.” Celotex Corp. v. Catrett, supra at 322, 106 S.Ct. at 2552. In such a case, no genuine issue of material fact will be found to exist because “a complete failure of proof concerning an essential element of [that party’s] ease necessarily renders all other facts immaterial.” Id. at 323, 106 S.Ct. at 2552. “In determining whether a material factual dispute exists, the court views the evidence through the prism of the controlling legal standard.” Nebraska v. Wyoming, 507 U.S. 584, 590, 113 S.Ct. 1689, 1694, 123 L.Ed.2d 317 (1993). If reasonable minds could differ as to the import of the evidence, however, Summary Judgment’ should not be granted and, in exercising its function, the Court is not to weigh the evidence. Anderson v. Liberty Lobby, Inc., supra at 250-51, 106 S.Ct. at 2511-12; AgriStor Leasing v. Farrow, 826 F.2d 732, 734 (8th Cir.1987). Lastly, since employment discrimination cases inevitably involve inferences rather than direct evidence, and since intent is frequently the central issue, our Court of Appeals has cautioned that Summary Judgments should “seldom” be used, or at least used “sparingly” in such causes of action. Davis v. Fleming Companies, 55 F.3d 1369, 1371 (8th Cir.1995); Oldham v. West, 47 F.3d 985, 988 (8th Cir.1995); Hardin v. Hussmann Corp., 45 F.3d 262, 264 (8th Cir.1995); Crawford v. Runyon, 37 F.3d 1338, 1341 (8th Cir.1994); Gill v. Reorganized School Dist. R-6, Festus, Missouri, 32 F.3d 376, 378 (8th Cir.1994); Johnson v. Minnesota Historical Society, 931 F.2d 1239, 1244 (8th Cir.1991), citing Haglof v. Northwest Rehabilitation, Inc., 910 F.2d 492, 495 (8th Cir.1990). Nevertheless, while “summary judgment should seldom be granted in employment discrimination cases, if [the Plaintiff] fails to establish a factual dispute on each element of the prima facie case, summary judgment is appropriate.” Bialas v. Greyhound Lines, Inc., 59 F.3d 759, 762 (8th Cir.1995), quoting Weber v. American Express Co., 994 F.2d 513, 515-16 (8th Cir.1993); see also, Wilson v. International Business Machines, 62 F.3d 237, 240 (8th Cir.1995). B. Legal Analysis. We conclude that, with respect to each of the claims that the Plaintiff has instituted, the entry of Judgment, as a matter of law, is appropriate, since we find no genuine issue of material fact which would require a Jury’s resolution. 1. The Plaintiff’s Discrimination Claims. As a threshold matter, we address the proper framework for analyzing employment discrimination, as a general proposition, and then we turn to the specific claims that the Plaintiff has advanced. An employee, such as the Plaintiff here, who alleges discrimination in the course of his employment, may rely upon either direct or circumstantial evidence to prove his claim. See, McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S.Ct. 1817, 1824-25, 36 L.Ed.2d 668 (1973) (establishing the framework for pretext cases that involve circumstantial evidence); Price Waterhouse v. Hopkins, 490 U.S. 228, 244-46, 109 S.Ct. 1775, 1787-88, 104 L.Ed.2d 268 (1989) (establishing the framework for mixed-motive eases that involve direct evidence). Although the two analytical models, that are used in the evaluation of direct or circumstantial evidence, originated in the context of Title VII actions, the same constructs have been employed by the Courts in appraising claims under the ADEA and the ADA, as well. See, Nitschke v. McDonnell Douglas Corp., 68 F.3d 249, 251 (8th Cir.1995) (age-discrimination); Reiff v. Interim Personnel, Inc., 906 F.Supp. 1280, 1286 (D.Minn.1995) (disability discrimination) . A mixed-motives analysis is required “when an employment decision was ‘the product of a mixture of legitimate and illegitimate motives.’” Radabaugh v. Zip Feed Mills, Inc., 997 F.2d 444, 448 (8th Cir.1993), quoting Price Waterhouse v. Hopkins, supra. In a mixed motives case, “the plaintiff carries the initial burden of ‘showing that an illegitimate criterion was a motivating factor in the employer’s decision to terminate [his] employment.’ ” Philipp v. ANR Freight System, Inc., 61 F.3d 669, 673 (8th Cir.1995), quoting Cram v. Lamson & Sessions Co., supra at 471. Once the plaintiff makes this threshold showing, “the burden of persuasion then shifts to the employer to prove that it would have terminated the employee even without the illegitimate criterion.” Id. In making this threshold showing, the plaintiff must present evidence which demonstrates “a specific link between the discriminatory animus and the challenged decision, sufficient to support a finding by a reasonable fact finder that an illegitimate criterion actually motivated the challenged decision.” Id., quoting Stacks v. Southwestern Bell Yellow Pages, Inc., 996 F.2d 200, 201 n. 1 (8th Cir.1993). “This requirement of a causal link between discriminatory statements and the decisional process therefore renders insufficient ‘stray remarks in the workplace,’ ‘statements by non-decisionmakers,’ or ‘statements by decisionmakers unrelated to the decisional process itself.’ ” Id., quoting Beshears v. Asbill, 930 F.2d 1348, 1354 (8th Cir.1991), in turn quoting Price Waterhouse v. Hopkins, supra at 277, 109 S.Ct. at 1804 (O’Connor, J., concurring). Thus, “actions and comments by employees not involved in a discharge decision cannot provide a basis for charging other employees with discrimination.” Hermeling v. Montgomery Ward & Co., Inc., 851 F.Supp. 1369, 1378 (D.Minn.1994), quoting Price Waterhouse v. Hopkins, supra. In contrast, the premise of a pretext case “is that either a legitimate or illegitimate set of considerations led to the challenged decision.” Radabaugh v. Zip Feed Mills, Inc., supra at 448 [emphasis in original], quoting Price Waterhouse v. Hopkins, supra at 247, 109 S.Ct. at 1789. Under the McDonnell Douglas framework, “the plaintiff creates an inference of intentional discrimination by establishing the so-called prima facie case.” Hutson v. McDonnell Douglas, 63 F.3d 771, 776 (8th Cir.1995). “While its elements will vary depending on the circumstances of the case, the fundamental purpose of the prima facie case is to require the plaintiff to show:. (1) that an adverse employment action occurred, and (2) that the most common explanations for an adverse employment action, such as incompetence, are not applicable.” Id. Generally, in presenting a prima facie case of discrimination, the plaintiff must demonstrate that he is a member of a protected class, that he meets the minimum qualifications for the position at issue, and that he suffered some form of adverse employment decision. Once the Plaintiff has made that prima facie showing, the burden shifts to the employer to articulate a legitimate nondiseriminatory reason for its challenged decision. McDonnell Douglas Corp. v. Green, supra at 802, 93 S.Ct. at 1824; Texas Department of Comm. Affairs v. Burdine, 450 U.S. 248, 254-55, 101 S.Ct. 1089, 1094-95, 67 L.Ed.2d 207 (1981); Hutson v. McDonnell Douglas Corp., supra (“Once established, the prima facie ease entitles the plaintiff to a rebuttable presumption that intentional discrimination played a role in the adverse employment action.”). If the Defendant provides such a reason, then “the burden shifts back to the plaintiff to demonstrate that the reason provided was a pretext for discrimination.” Id. at 777. However, should the employer be unable to provide such a reason for its decision, then the employee is entitled to a finding of intentional discrimination. St. Mary’s Honor Center v. Hicks, 509 U.S. 502, 510 n. 3, 113 S.Ct. 2742, 2748 n. 3, 125 L.Ed.2d 407 (1993). Under this burden-shifting approach, the plaintiff retains the ultimate burden of persuasion that the employer’s proffered reason is pretextual and that the plaintiff has, in fact, been a victim of intentional discrimination. Id. at 506-12, 113 S.Ct. at 2746-50. Here, the Plaintiff asserts that he has both direct and circumstantial evidence of discrimination and, therefore, we will examine his claims under either the mixed-motive or the pretext framework, as appropriate. Moreover, since the elements of a plaintiffs prima facie case will necessarily vary with the type of discrimination being alleged, we will separately set forth the respective prima facie showings under the his ADA and ADEA claims. a. The Plaintiff’s Disability Discrimination Claims. In Counts One and Two of his Complaint, the Plaintiff asserts that he was discharged by the Defendant because of a disability which the Defendant failed to accommodate. 1) Standard of Review. The ADA prohibits employers from discriminating “against a qualified individual with a disability because of the disability of such individual.” Title 12 U.S.C. § 12112(a). The ADA defines “qualified individual with a disability”-as follows: The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. Title 12 U.S.C. § 12111(8). Our Court of Appeals has articulated a two-part test for determining whether a person is “qualified” within the meaning of the ADA: first, “whether the individual meets the necessary prerequisites for the job, such as education, experience, training, and the like,” and second, “whether the individual can perform the essential job functions, with or without reasonable accommodation.” Benson v. Northwest Airlines, Inc., 62 F.3d 1108, 1112 (8th Cir.1995). Accordingly, “[t]o establish a prima facie case under the ADA, a plaintiff must show that [he] is a disabled person within the meaning of the ADA, that [he] is qualified to perform the essential functions of the job (either with or without reasonable accommodation), and that [he] has suffered an adverse employment action under circumstances from which an inference of unlawful discrimination arises.” Price v. S-B Power Tool, 75 F.3d 362, 365 (8th Cir.1996), citing Benson v. Northwest Airlines, Inc., supra at 1112. In this context, “[a]n inference of discrimination may be raised by evidence that a plaintiff was replaced by or treated less favorably than similarly situated employees who are not in the plaintiffs protected class.” Id. 2) Legal Analysis. Given these precepts, we conclude that the Plaintiff has failed to present a material issue of fact that he is a “qualified individual with a disability,” as that term is defined in the ADA and, therefore, we grant Summary Judgment to the Defendant on the Plaintiffs disability-based discrimination claims. Normally, when the employee, as here, alleges both direct and circumstantial evidence of discrimination, the Court begins its analysis with the direct evidence. Thus, “[i]f the plaintiff has failed to satisfy the Price Waterhouse threshold, the case should be decided under the principles announced in McDonnell Douglas[.}” Radabaugh v. Zip Feed Mills, Inc., supra at 448 (citations omitted). As recently expressed by our Court of Appeals, “[a]fter all, the McDonnell Douglas framework exists to provide discrimination plaintiffs a way to prove their case when they do not have ‘explicit, inculpatory evidence of discriminatory intent[;]’ [i]f a plaintiff does have such evidence, burden-shifting analysis is unnecessary.” Shannon v. Ford Motor Co., 72 F.3d 678, 682 (8th Cir.1996) [emphasis in original], quoting Hutson v. McDonnell Douglas, supra at 776. Thus, in an ADEA case, where a plaintiff has “direct evidence” of age discrimination, he does not necessarily “lose” because he cannot establish “the second element of the McDonnell Douglas test, i.e., that [he] performed the job at a level that met [his] employer’s expectations.” Perry v. Kunz, 878 F.2d 1056, 1060 (8th Cir.1989). Since the governing provision of the ADEA merely makes it unlawful for an employer to “discharge an individual * * * because of such individual’s age,” the Court in Perry concluded that an ADEA plaintiff should not be required to prove the second element of his prima facie case if there were direct evidence of discrimination. Id. at 1061, quoting Title 29 U.S.C. § 623(a)(1); see also, Fox v. Southwestern Bell Telephone Co., 839 E.Supp. 678, 679 (E.D.Mo.1993) (holding that a plaintiff, in a Title VII case, “need not demonstrate the second element if he provides direct evidence of intentional discrimination”). In contrast, in an ADA claim for job termination, the second element of a plaintiffs prima facie case — namely, whether he is qualified to perform the essential functions of the job (either with or without reasonable accommodation) — is, by the express terms of the statute, a statutory precondition to relief. See, Title )2 U.S.C. 12111(8). Unlike claims of race, age, or gender discrimination, which require only that an individual suffer an adverse employment decision because of the improper criterion, the protections encompassed by the ADA are limited to “qualified individuals] with a disability.” Compare Title lf2 U.S.C. § 12112(a) with Title 29 U.S.C. § 623(a) and Title 4-2 U.S.C. § 2000e-2(a). Thus, in order to withstand summary disposition, an ADA plaintiff must present sufficient evidence to raise a genuine issue of material fact concerning his status as “a qualified individual with a disability.” As to this specific issue, we conclude that the Record before us, when viewed in a light most favorable to the Plaintiff, discloses that the Defendant had no available jobs that were compatible with the Plaintiffs medical restrictions. To avert such a conclusion, the Plaintiff has relied upon Benson v. Northwest Airlines, Inc., supra at 1114, as his basis to argue that, for purposes of ascertaining his ability to perform a position’s “essential functions,” we should focus upon the position that he held at the time of his discharge, rather than his permanent position. We think, however, that his reliance upon Benson is misplaced. In Benson, the plaintiff was injured in a work-related accident, which resulted in his physician’s opinion that he would not be able to perform his previous job as a mechanic. Id. at 1110. Based upon the physician’s prognosis, the plaintiff was transferred to a Department in which employees, who were impaired by work-related injuries, would hold formally established and recognized jobs until they could return to their former positions. The plaintiff was then “bumped” from such a position by a more senior employee, and he assumed the position of a plant maintenance mechanic. Id. Four days later, the defendant disqualified the plaintiff from that position “due to the medical limitations established by [his] physician.” Id. The plaintiff was placed on unpaid leave and, after unsuccessfully seeking a transfer to “at least three vacant positions,” he was terminated. Id. at 1114. Here, unlike the circumstances in Benson, the Plaintiff was not discharged because the Defendant had determined that he could not physically perform the duties that were assigned to him immediately preceding his termination. We conclude that when, as here, a plaintiff is discharged from temporary, light-duty assignments, for reasons other than the employer’s belief that the employee was not physically capable of performing that work, it would be illogical to focus upon the capacity of the employee to perform the essential functions of the temporary job assignment that he held just prior to his termination. At the time of his injury, the Plaintiff was employed as a machine operator. The job description for that position required the “operator to endure heavy physical exertion.” Affidavit of Linda Mealey-Lohmann, Exhibit C, Machine Operator Job Description. According to that same job description, the position required “work[ingj an average of 12 hour days and an average of 6 days per week[,] * * * lifting, the use of hand tools, grasping, repetitive wrist action, arm-hand steadiness]!,] eyediand coordination [and] considerable balancing.” Id. At his deposition, the Plaintiff testified thát all of these physically exertional duties were essential functions of that job. •Moreover, during the course of his functional capacity evaluation, the Plaintiff described the Machine Operator position as requiring “very heavy lifting, frequent overhead work, walking on uneven ground, [and] frequent bending and twisting[.]” Id., Exhibit D, Functional Capacity Profile. Based upon the Plaintiffs description, and an independent evaluation of his physical abilities, an Occupational Medicine Specialist concluded that he could no longer perform that job. Similarly, Dr. Allen, who was the Plaintiffs physician, also determined that the Plaintiff would not be able to resume his former employment. As reflected in the following exchange, the Plaintiff concurred with Dr. Allen’s assessment: A: After my injury I talked to Dr. Allen and Dr. Michienzi. They both advised me that by going back to doing what I was doing I wouldn’t be able to do it. Q: Do you agree or disagree with that advice. A: I would have to agree with it. Q: So you don’t believe you are able to perform the machine operator duties, is that true? A: Probably, couldn’t do it the same as I did before I got injured. In fact, I know I couldn’t do it on my restrictions. I would be unable to do it. Braziel Deposition, at p. 263. In view of the Record before us, inclusive of the opinions of the Plaintiff, his treating physician, and an independent rehabilitation expert, together with the pertinent written job description, we conclude that the Plaintiff was unable to perform the essential functions of the Machine Operator position. See, Title Jp2 U.S.C. § 12111(8) (employer’s written job description shall be considered, evidence of essential functions of the job). Notwithstanding this conclusion, we are obliged to consider whether the Plaintiff has created a genuine issue of fact concerning his ability to perform the essential functions of that position, but with the assist of reasonable accommodation. As set forth in the ADA, the term “reasonable accommodation” may include job restructuring or reassignment to a vacant position. Title 12 U.S.C. § 12111(9). As to possible job restructuring, the Plaintiff admitted that he never proposed any modifications that would have enabled him to perform the Machine Operator position. Braziel Deposition, at p. 332. However, under the ADA, the employee must specifically request the particular accommodation that he seeks. Lue v. Moore, 43 F.3d 1203, 1206 (8th Cir.1994) (holding that the Rehabilitation Act did not require the Defendant to accommodate the Plaintiff because the Plaintiff never requested an accommodation), citing Wood v. President & Trustees of Spring Hill College, 978 F.2d 1214, 1222 (11th Cir.1992) (whether the employer provided reasonable accommodations was not an issue because the Plaintiff never requested accommodations). As a District Court within this Circuit recently observed, an “employee can’t expect the employer to read his mind and know he secretly wanted a particular accommodation and sue the employer for not providing it.” Ferry v. Roosevelt Bank, 883 F.Supp. 435, 441 (E.D.Mo.1995), quoting Schmidt v. Safeway, Inc., 864 F.Supp. 991, 997 (D.Or.1994). In addition, at the time of his deposition, the Plaintiff could not identify how the Machine Operator position could be modified so as to enable him to perform its essential functions. Braziel Deposition, at p. 91. Indeed, the only evidence that the Plaintiff offers, as to a possible accommodation, is a reference to a letter from the Defendant to Plaintiffs counsel which addresses a job offer that had been submitted to the Plaintiff approximately one year after his termination. Braziel’s Memorandum in Opposition, at p. 18 n. 10. As the letter makes clear, the offered position appears to have included several of the duties that were involved in his former Machine Operator position but, among other modifications, the Defendant ■ was prepared to eliminate the “groundman and maintenance and repairwork functions from this position.” Affidavit of John Fabian, Exhibit 7, Letter dated January 18,1995. The letter also implies that the Plaintiff refused the position, in part, because of his physician’s “impression that, under ideal circumstances, [the Plaintiff] could perhaps handle the job but that it would be yery likely the ideal circumstances could not be reached due to peer pressure and the fact that he would likely get into activities which would worsen his neck and back condition.” Id. In effect, rather than to strengthen the Plaintiffs argument, the letter reveals a legitimate attempt by the Defendant to accommodate his disability through the removal of several functions that were detailed in the applicable job description. Absent any other showing, as to how the Machine Operator position could be modified so as to accommodate his medical restrictions, we conclude that the Plaintiff has failed to present a “facial showing” that he could perform the essential functions of that position even with reasonable accommodation. With respect to a possible accommodation, by means of a reassignment to another position, at his deposition, the Plaintiff did refer to the positions of Operations Clerk, Research and Lab Technician, Field Clerk and Truck Driver as sources of a reassignment. Braziel Deposition, at p. 331. “[0]nee the plaintiff makes ‘a facial showing that reasonable accommodation is possible,’ the burden of production shifts to the employer to show that it is unable to accommodate the employee.” Benson v. Northwest Airlines, supra at 1112, quoting Mason v. Frank, 32 F.3d 315, 318-19 (8th Cir.1994). Thereafter, “[i]f the employer shows that the employee cannot perform the essential functions of the job even with reasonable accommodation, the employee must rebut that showing with evidence of his individual capabilities.” Id. Here, even if the Plaintiffs reference to the other positions were sufficient to make a “facial showing,” we conclude that the Defendant has presented uncontroverted evidence that there was no available, vacant job position that the Plaintiff could perform. Under the ADA, reasonable accommodation does not require an employer to create a new permanent position. See, Benson v. Northwest Airlines, supra at 1114. Nor is an employer required to convert a temporary, light-duty job into a permanent position. See, EEOC Technical Assistance Manual on the ADA at § 9.4 (“If the position was created as a temporary job, a reassignment to that position need only be for a temporary period.”). We conclude that, given these abiding principles, the Defendant was not required to retain the Plaintiff as a “Truck Driver,” as the Defendant had no such permanent position, in its roster of jobs, that entailed only those responsibilities. In fact, the Plaintiff has testified that, at most, he delivered parts on a three-quarter-time basis. Braziel Deposition, at p. 248. Moreover, the Plaintiff admitted that those individuals who, like himself, delivered parts to the field on an “as needed” basis, either had injuries from which they were recuperating, or they delivered parts as an aspect of their regular job duties. Id. at 426-252. As to the other positions that the Plaintiff has identified, he admits that he only applied for the Operations Clerk position. Braziel Deposition, at pp. 160, 354-55. In Chambers v. Wynne School Dist., 909 F.2d 1214, 1217 (8th Cir.1990), our Court of Appeals determined that an employee’s failure to formally apply for a position barred her from establishing a prima facie case of gender and race discrimination. Although “plaintiffs need not prove they formally applied for a position if they allege facts which, if proven, would be sufficient to establish that application was futile due to defendants’ discriminatory practices,” Winbush v. State by Glenwood State Hospital, 66 F.3d 1471, 1481 (8th Cir.1995), the Plaintiff testified that he had no basis to believe that the Defendant discriminated with respect to these applications. Braziel Deposition, at p. 160. A second exception to the job application rule exists where “the plaintiff made every reasonable attempt to convey his interest in the job to the' employer.” Chambers v. Wynne School Dist., supra, quoting Equal Employment Opportunity Comm’n. v. Metal Service Co., 892 F.2d 341, 348 (3d Cir.1990). While, at one point, the Plaintiff testified that, except for the Operations Clerk position, he could not recall advising any representative of the Defendant, during 1993, that he wanted to work in a certain job position, he later testified that he expressed an interest in a Field Clerk position to two of the Defendant’s superintendents. Braziel Deposition, at pp. 354-62. However, the Field Clerk position was held, after a temporary absence, by the same individual who had previously occupied it. According to the Plaintiff, the individual returned to that position despite having previously notified the Defendant of an intent to quit. Id. at p. 359. Notably, the Plaintiff has presented no evidence that the Defendant considered the Field Clerk position to be vacant, or that the Defendant solicited applications for that position. At the Hearing, the Plaintiff argued that he should be excused from any job application requirement because employees of the Defendant had informed him, both during his hospital stay and shortly after his return to work, that he would have a job with the Defendant. While the argument has some superficial appeal, we reject its application here for, to accept the argument, would place an employer in the position of having to inventory all positions, within its organization, and then attempt to ascertain those positions that the plaintiff could physically perform. Indeed, the principle underlying those decisions, in which the Courts have required an ADA plaintiff to expressly request the accommodation he seeks, is that the employee is in the best position to know what jobs he can physically accomplish. Even if we overlooked the Plaintiffs failure to apply for a Research Lab or a Field Clerk position, the Plaintiff has presented no evidence that any such a position was available at any time after his accident and before his termination. In this respect, the law is clear that, as a reasonable accommodation, an employer need only assign an employee, to a vacant position — the employer is not obligated to create a vacancy. Title h2 U.S.C. § mil(9)(B). With regard to the Research Lab position, however, the Plaintiff argues that, notwithstanding the absence of any vacancy at the time of his termination, he believed that another individual, who held a similar position, would be approaching retirement. Braziel Deposition>, at p. 135. Based upon this self-held belief, he contends that the Defendant should have continued his employment until that individual retired in order to award him that job. Of course, an ADA claimant can almost always argue that his employer should have continued his light-duty employment until a suitable position opened, but we need not resolve that issue in this instance, because the Plaintiff acknowledged that he did not know when the suspected retirement occurred, if at all, nor did he know whether the suspected vacancy was ever filled. Id. Lastly, with respect to the Operations Clerk position, the Plaintiff has made no showing that the job was ever filled. In fact, on October 5, 1993, the Defendant notified the Plaintiff that it had decided not to fill that position, as the Defendant determined that the position was unnecessary and, to this date, the position has never been occupied. Affidavit of Grant, at ¶ 7. The Plaintiff has conceded that he was unaware of the status of that position and, further, he did not have a basis to dispute the Defendant’s decision to discontinue that particular job. Braziel Deposition, at pp. 167-68, and 358. Accordingly, as to the Operations Clerk position, the Plaintiff has failed to raise a genuine issue of material fact concerning the need for the Defendant to reasonably accommodate his disability. Of course, mere ' speculation about possible positions is not sufficient to defeat a Motion for Summary Judgment. See, Milton v. Scrivner, Inc., 53 F.3d 1118, 1125 (10th Cir.1995). Here, the Plaintiff has conceded that his disbelief of the Defendant’s representation, to the effect that there was “no permanent work available within restrictions,” was based on speculation. Braziel Deposition, at p. 265-266. While the Plaintiff is entitled to the benefit of all reasonable inferences, “an inference is reasonable only if it can be drawn from the evidence without resort to speculation.” Frieze v. Boatmen’s Bank of Belton, 950 F.2d 538, 541 (8th Cir.1991). Accordingly, we conclude that the Record reveals no disputed material fact, concerning the Plaintiffs physical qualifications, with or without reasonable accommodation, to perform the essential functions of an available position with the Defendant and, because the Plaintiff was not a “qualified individual with a disability,” he is not entitled to statutory protection, and we need not address his proffered “direct evidence” of discriminatory animus. b. The Plaintiff’s Age Discrimination Claims. In Counts Four and Five of his Complaint, the Plaintiff maintains that his termination was the product of impermissible age discrimination. 1) Standard of Review. Until recently, a plaintiff established a prima facie case of age discrimination by showing that: “(1) he was within the protected age group; (2) he met applicable job qualifications; (3) he was discharged; and (4) after his termination, the position remained open or the employer hired a person not in the protected class.” Bialas v. Greyhound Lines, Inc., 59 F.3d 759, 763 (8th Cir.1995); see also, Allen v. Bridgestone/Firestone, Inc., 81 F.3d 793, 796 (8th Cir.1996). However, in O’Connor v. Consolidated Coin Caterers Corp., — U.S. -,-, 116 S.Ct. 1307, 1310, 134 L.Ed.2d 433 (1996), the Supreme Court held that “[b]eeause it lacks probative value, the fact that an ADEA plaintiff was replaced by someone outside the protected class is not a proper element of the McDonnell Douglas prima facie case.” In the Court’s view, the required inference “ ‘that an employment decision was based on a[n] [illegal] discriminatory criterion[,]’ ” cannot reasonably be “drawn from the replacement of one worker with another worker insignificantly younger.” Id., [citation omitted]. Instead, “the fact that a replacement is substantially younger than the plaintiff is a far more reliable indicator of age discrimination than is the fact that the plaintiff was replaced by someone outside the protected class.” Id.; accord, Rinehart v. City of Independence, Mo., 35 F.3d 1263, 1269 (8th Cir.1994) (in dicta, the Court opined that a plaintiff may establish the fourth element of his prima facie case by showing that he was replaced by a person sufficiently younger to permit an inference of age discrimination), cert. denied, — U.S. -, 115 S.Ct. 1822, 131 L.Ed.2d 744 (1995). 2) Legal Analysis. Given this framework for our analysis, we conclude that the Plaintiff has failed to present sufficient evidence to raise a genuine issue of material fact as to whether the Defendant discharged the Plaintiff on the basis of his age. First, we examine the Plaintiffs asserted “direct evidence” of age discrimination in order to determine the applicability of the test enunciated in Price Waterhouse. For “direct evidence,” the Plaintiff has relied upon two separate statements by Weber. In a conversation relating to the Operations Clerk position, Weber is alleged to have informed the Plaintiff that “[w]e’re going to have to look at your age and your disabilities.” Braziel Deposition, at p. 144. According to the Plaintiff, Weber repeated a variation of that same statement at the time that he was handed his termination letter, when Weber is purported to have responded to the Plaintiffs question, concerning the basis for his discharge, by stating that “[w]e have to take into consideration your age and your disability.” Id. at 351-52. In turn, the Defendant asserts that Weber’s comments were, at best, “stray comments” and, therefore, insufficient under the Price Waterhouse threshold. Of course, “[n]ot all comments that reflect a discriminatory attitude will support an inference that an illegitimate criterion was a motivating factor in an employment decision.” Hermeling v. Montgomery Ward & Co., Inc., supra at 1369 [citation omitted]. Therefore, the issue presented is whether Weber was sufficiently involved in the Defendant’s decision to terminate the Plaintiff so as to constitute direct evidence of a discriminatory intent. We conclude that he was not and, accordingly, the Plaintiff has not satisfied the threshold showing required for “mixed motives” treatment. In support of his contention, that Weber was involved in the termination decision, the Plaintiff points to the Memorandum that had been drafted by Weber, approximately six months prior to the Plaintiff’s termination, in which Weber set forth the Plaintiffs medical restrictions, as they had been related by the Plaintiffs physician, and requested the Manager of Human Resources, together with the Director of Operations, to advise of their awareness of any available permanent positions which were compatible with the Plaintiffs medical restrictions. Although Weber expressed the view in the Memorandum that, in the event there are no positions available, the Plaintiff “will need to be released from Loram employment, based on medical reasons,” the Memorandum does not show Weber’s actual involvement in the termination decision. Rather, the Memorandum shows no more than that Weber forthrightly sought to explore any positions, within the Defendant’s organization, that might be appropriate for the Plaintiff’s assignment. Next, the Plaintiff focuses upon Matthews’ deposition testimony as evidencing Weber’s involvement in the decision to terminate him. Specifically, the Plaintiff highlights Matthews’ characterization of Weber as the “point man,” and his testimony that he spoke to Weber before he decided to terminate the Plaintiff. Matthews Deposition, at pp. 15, 32-34. Read in context, however, it is clear that Matthews regarded Weber as the “gatekeeper,” not as to termination decisions, but as to “comp situations.” Id. at 15. Moreover, a fair reading of Matthews’ testimony reveals that his discussion with Weber, prior to the Plaintiffs discharge, was limited to his inquiry concerning the Defendant’s obligation, if any, to create a position for the Plaintiff irrespective of a need for the position. Id. at 34. According to Matthews, Weber responded that the Defendant had no such obligation. Id. Lastly, the Plaintiff argues that Weber’s presence in Matthews’ office, at the time he was discharged, reflects Weber’s involvement in the termination decision. While conceding that Weber was, indeed, in Matthews’ office, the Defendant maintains, that he was present simply as a witness to what transpired. Affidavit of Matthews, at ¶ 11; Affidavit of Weber, at ¶ 9. We find nothing extraordinary in an employer’s decision to involve a management level employee to witness a meeting in which a termination decision is announced to a discharged employee. Accordingly, without more, we have no basis, other than mere surmise, to conclude that Weber’s presence, at the time that the Plaintiff was given his termination letter, is a sufficient showing that Weber was actively involved in the discharge decision. Moreover, we note that the Plaintiff worked in the Operations Department, which was directed by Matthews, and not in the Safety Department, which Weber managed. Braziel Deposition, at pp. 50-51, 171; Affidavit of Weber, at ¶ 6. Accordingly, Weber never supervised Braziel, nor did he ever evaluate his work performance. Affidavit of Weber, at ¶ 7. Indeed, the Plaintiff has not rebutted the Defendant’s evidence which demonstrates that Weber lacked the authority to discharge him. Affidavit of Matthews, at ¶ 10. Moreover, to the extent the evidence suggests that Weber had input in the decision to terminate the Plaintiff, that input related to a recitation of Weber’s view of the law — a view which proved to be correct. See, Aungst v. Westinghouse Elec. Corp., 937 F.2d 1216, 1221 (7th Cir.1991) (decisionmaker consulted with others but “was indisputably the sole decisionmaker”); La Montagne v. American Convenience Products, 750 F.2d 1405, 1412 (7th Cir.1984) (statements made by individuals who recommended plaintiffs discharge held irrelevant because decision-maker “alone decided to discharge”). In sum, the Plaintiff has failed to present competent evidence to rebut Matthew’s attestation that he, alone, decided to terminate the Plaintiff. Frieze v. Boatmen’s Bank of Belton, supra at 541 (statements made by nondecisionmakers cannot create a reasonable inference of age discrimination). Therefore, finding no “direct evidence” of age discrimination, we proceed to the Plaintiffs circumstantial case. Under the McDonnell Douglas regimen, if the Plaintiff establishes a prima facie case of age discrimination, the burden of production shifts to the Defendant to articulate a nondiseriminatory basis for his discharge. Garner v. Arvin Industries Inc., 77 F.3d 255, 257 (8th Cir.1996). If the Defendant proffers such an nondiseriminatory basis, then the Plaintiff must show that the Defendant’s reasons for Ms dismissal are merely a pretext for discrimination. Id.; Krenik v. County of Le Sueur, supra at 958 (to survive Summary Judgment, plaintiff must provide evidence that the defendant’s proffered explanation is both incorrect and that discrimination is the true explanation); see also, Rothmeier v. Investment Advisers, Inc., 85 F.3d 1328, 1335 (8th Cir.1996). Here, the Defendant has presented evidence that directly refutes the second element of the Plaintiffs prima facie case — namely, whether he met applicable job qualifications. In this instance, it is difficult to separate the Plaintiffs prima facie case from the Defendant’s nondiseriminatory explanation and the Plaintiffs proof of pretext. Nevertheless, because the Plaintiff has not met his burden of showing that the Defendant’s explanations are merely a pretext for discrimination, it is not necessary to decide whether he has also failed to established a prima facie case. See, e.g., Aucutt v. Six Flags Over Mid-America, Inc., 85 F.3d 1311, 1316 (8th Cir.1996) (Court assumes existence of prima facie ease to sustain Summary Judgment on employee’s failure to rebut employer’s business reasons as pretextual). With respect to the Plaintiffs job qualifications, the Defendant maintains that, due to the Plaintiffs medical restrictions, he was not qualified for any available position within its organization. In turn, the Plaintiff argues that he need only show that he met the qualifications for the various positions he had been assigned after his accident. We need not, however, resolve the issue of whether an employee, who can perform nonpermanent, light-duty tasks, is “qualified” for purposes of the second element of his prima facie case, because the Plaintiff has not shown that the Defendant’s proffered explanation for its termination decision is untrue. In other words, evidence that the Plaintiff could perform his light-duty jobs is not material since it does not address whether the Defendant’s articulated, nondiseriminatory explanation — that the Plaintiff was physically unable to perform an available, permanent position — was false or otherwise incorrect. Moreover as to this issue, we have previously determined that the Plaintiff has failed to present sufficient evidence to raise an issue of fact concerning his physical capacity to perform work in any available permanent position. Accordingly, we conclude, as a matter of law, that the Plaintiff has failed to rebut the Defendant’s nondiseriminatory explanation for its discharge decision. See, Hutson v. McDonnell Douglas, supra at 779 (question at pretext stage is whether the Plaintiff has shown that the Defendant’s explanation is a pretext for discrimination). In reaching this conclusion, we note that “[t]he touchstone of a claim of disparate treatment under the ADEA, as it is under a number of the other employment discrimination statutes, is intentional discrimination against the plaintiff.” Hutson v. McDonnell Douglas, supra at 775. In disparate treatment claims, such as that presented here, “the employer simply treats some people less favorably than others because of their protected status.” Hermeling v. Montgomery Ward & Co., Inc., supra at 1375, quoting Hubbard v. United Press Int’l Inc., 330 N.W.2d 428, 441 n. 12 (Minn.1983), in turn quoting International Brotherhood of Teamsters v. United States, 431 U.S. 324, 335-36 n. 15, 97 S.Ct. 1843, 1854 n. 15, 52 L.Ed.2d 396 (1977). Here, however, the Plaintiff has testified that he was treated neither more favorably, nor less favorably, than anyone else employed by the Defendant. Braziel Deposition, at p. 178. Likewise, he readily acknowledged that, in his last year of employment, he was treated no differently than similarly situated employees. Id. Accordingly, we conclude that the Plaintiff has failed to produce either direct or circumstantial evidence which staves the award of Summary Judgment to the Defendant on the Plaintiffs age discrimination claim, and wé proceed to his final claim, one for breach of an oral employment contract. 2. The Plaintiff’s Breach of Contract Claim. The Defendant has also moved for Summary Judgment on the Plaintiff’s breach of contract claim. In Count Three of his Complaint, the Plaintiff contends that he had a valid, lifetime, oral employment contract with the Defendant, which the Defendant breached when it términated his employment. We find this claim to be without merit, as a matter of law. a. Standard of Review. Under Minnesota law, “the ‘usual employer-employee relationship is terminable at the will of either’ party.” Fox v. T-H Continental Ltd. Partnership, 78 F.3d 409, 413 (8th Cir.1996), quoting Cederstrand v. Lutheran Bdh., 263 Minn. 520, 117 N.W.2d 213, 221 (1962). “However, ‘a promise of employment on particular terms, if in the form of an offer and if accepted by the employee for valuable consideration, may create a binding unilateral contract which will alter an at-will contract.’ ” Larson v. Koch Refining Co., 920 F.Supp. 1000, 1007 (D.Minn.1996), quoting Ruud v. Great Plains Supply, Inc., 526 N.W.2d 369, 371 (Minn.1995), in turn citing Pine River State Bank v. Mettille, 333 N.W.2d 622, 626 (Minn.1993). Nevertheless, “Courts are reluctant to find a lifetime employment contract because such alleged contracts are often ‘oral, uncorroborated, vague in important details and highly improbable.’ ” Aberman v. Malden Mills Industries, Inc., 414 N.W.2d 769, 771 (Minn.App.1987), quoting Degen v. Investors Diversified Services, Inc., 260 Minn. 424, 110 N.W.2d 863, 866 (1961); see also, Pine River State Bank v. Mettille, supra at 627 (“The law is hesitant to impose this burdensome obligation on an employer in the absence of an explicit promise to that effect.”). “It has long been the law of Minnesota that an employer’s use of the terms ‘permanent employment,’ ‘life employment,’ or employment.‘as long as the employee chooses’ creates only an indefinite general hiring terminable at the will of either party.” Fox v. T-H Continental Ltd. Partnership, supra at 414, citing Skagerberg v. Blandin Paper Co., 197 Minn. 291, 266 N.W. 872, 874 (1936). b. Legal Analysis. In support of his contract claim, the Plaintiff relies upon various assurances, by certain of the Defendant’s employees, that he would be retained despite his work-related injury. Braziel Deposition, at pp. 60-73. In this respect, the Plaintiff has testified that he was told, while recuperating in the hospital, not to worry about a job because he was going to have one. Braziel Deposition, at 70. He further testified that, upon his return to work, Weber informed him that “something permanent” would be found. Id. at 64. Viewed in a light most favorable to the Plaintiff, these assurances do not establish a clear intent to create a contract for permanent employment, nor has the Plaintiff shown that any consideration was extended as would be necessary in order to enforce such a contract. Oral representations, which are quite similar to those at issue here, have been found, as a matter of law, to be too indefinite to create an offer for lifetime employment under Minnesota law. Thus, an assurance of a “career position * * * falls far short of establishing a lifetime contract.” Michaelson v. Minnesota Min. & Mfg. Co., 474 N.W.2d 174 (Minn.App.1991), aff'd, 479 N.W.2d 58 (Minn.1992), quoting Degen v. Investors Diversified Services, Inc., supra (assurances made to employee that his position was a “career position” was insufficient to alter at-will relationship); see also, Ruud v. Great Plains Supply, Inc., supra (statement that “good employees are taken care of’ and “you are considered a good employee” insufficient to constitute an offer, and even were there such an intention, terms are too vague to enforce); O’B