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Raymond v. Pacific Chemical12/13/1999
this contractual relationship, the employer exercises substantial control over both the working relationship and his employees by retaining independent control of the work relationship. Thus, the employer can define the work relationship. Once an employer takes action, for whatever reasons, an employee must either accept those changes, quit, or be discharged. Because the employer retains this control over the employment relationship, unilateral acts of the employer are binding on his employees and both parties should understand this rule.
However, absent specific contractual agreement to the contrary, we conclude that the employer's act in issuing an employee policy manual can lead to obligations that govern the employment relationship. Thus, the employer's reason for unilaterally issuing an employee policy manual or handbook, purporting to contain the company policy vis-ë-vis employee relations, becomes relevant. Thompson, 102 Wn.2d at 229.
Because employers issue such handbooks principally to create an atmosphere of fair treatment and job security for their employees, the court concluded that if an employee is induced to continue working by assurances contained in a handbook or manual, the assurances become enforceable components of the employment relationship. Thompson, 102 Wn.2d at 230.
In the instant case, Terry's employment agreement states that his employment is terminable "at the will of either the Company or" himself. CP 1072. This language is unambiguous and clearly limits an employee's expectation of job security. Moreover, as discussed above, the provision governed the entire employment relationship. The provision itself contains no qualifications and is in no way limited in application. Given his acknowledgement of this provision, Terry could not have had any reasonable expectation that the handbook granted him the right to be discharged only for cause or claim that his reliance on contrary provisions was justifiable. Under these facts, we conclude that the express statement in the agreement was sufficient to remove the issue of the handbook's effect on the employment relationship from the jury's consideration.
Tortious Interference Claim
The Raymonds next claim that the trial court erred in dismissing their claim that the defendants wrongly interfered with his post-termination employment opportunity with Wesmar. A claim for tortious interference with a business expectancy requires: (1) the existence of a valid business expectancy; (2) knowledge by the defendants of that expectancy; (3) intentional interference inducing or causing a breach or termination of the expectancy; (4) that the defendants interfered for an improper purpose or by improper means; and (5) resulting damage. See Leingang v. Pierce County Med. Bureau, Inc., 131 Wn.2d 133, 157, 930 P.2d 288 (1997).
The Raymonds contend that dismissal of their claim was inappropriate because a jury could infer that Pacific Chemical's threat to enforce the non-competition covenant was improper if the covenant was invalid, citing Kieburtz & Assocs., Inc. v. Rehn, 68 Wn. App. 260, 842 P.2d 985 (1992). In Kieburtz, an employer sued two employees for tortious interference after they solicited work for their own separate business from one of the employer's clients. In reversing the trial court's dismissal of the claim, we held that a jury could reasonably conclude that the employees' actions violated a duty of loyalty to their employer and thus were taken for an improper purpose or using improper means. Kieburtz, 68 Wn. App. at 267. The claim of tortious interference was not based on the defendants' assertion of contractual rights and, thus, is distinguishable.
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