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Bauer v. Pottsville Area Emergency Medical Services8/25/2000
ellee responded to these paragraphs by filing preliminary objections in the nature of a demurrer asserting: 1) the employee handbook contains a provision evidencing its intent to create an at-will employment relationship; 2) appellant has never filed a formal complaint pursuant to the FLSA; and 3) appellant does not assert a violation of rights protected by the FLSA (Appellee's Preliminary Objections at 2-3.) The trial court agreed and, by Order dated August 22, 1999, dismissed appellant's complaint. This timely appeal followed.
On appeal, appellant presents the following issues for our review:
I. Whether the lower court did in fact commit an abuse of discretion and an error of law in holding that [appellant] and [appellee] had "no contract upon which to base a cause of action."
II. Whether the lower court did in fact commit an abuse of discretion and an error of law in holding that [appellant's] unofficial complaints and assertion of rights need to be "specified", and in holding that "[appellant] has failed to specify what rights under or related to the FLSA he was asserting that led to [appellee's] alleged retaliation." (Appellant's brief, at 2.)
Our standard of review is well settled:
Where a preliminary objection in the nature of a demurrer is sustained, an appellate court's review is limited. All material facts set forth in the complaint as well as all inferences reasonably deducible therefrom are admitted as true for [the purpose of this review.] The question presented by the demurrer is whether, on the facts averred, the law says with certainty that no recovery is possible. Where a doubt exists as to whether a demurrer should be sustained, this doubt should be resolved in favor of overruling it. Moser v. Heistand, 545 Pa. 554, 559, 681 A.2d 1322, 1325 (1996) (citation omitted).
Appellant argues he relied on the terms and provisions of the employee handbook as creating a duty on appellee's part to provide him with full-time benefits once he worked 36 hours per week for 90 days. Appellee argues its employee handbook specifically states that it is an "employer at will" and that it reserves the right to terminate employment at any time. Appellee claims, therefore, the employee handbook does not create a binding contract with appellant.
A handbook is enforceable against an employer if a reasonable person in the employee's position would interpret its provisions as evidencing the employer's intent to supplant the at-will rule and be bound legally by its representations in the handbook. The handbook must contain a clear indication that the employer intended to overcome the at-will presumption. We have held that it is for the court to interpret the handbook to discern whether it contains evidence of the employer's intention to be bound legally. Luteran v. Loral Fairchild Corp., 688 A.2d 211, 214-15 (Pa. Super. 1997) (citation omitted). See also Martin v. Capital Cities Media, Inc., 511 A.2d 830, 837 ("Before we can decide whether there is a valid offer and acceptance with the distribution of a handbook, a threshold question must be asked: With the distribution of the handbook, does the at-will employee reasonably understand that the employer intended to alter the pre-existing at-will status?").
Provisions in a handbook or manual can constitute a unilateral offer of employment which the employee accepts by the continuing performance of his or her duties. A unilateral contract is a contract wherein one party makes a promissory offer which calls for the other party to accept by rendering a performance. In the employment context, the communication to employees of certain rights, policies and procedures may const
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