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Vanlente v. University of Wyoming Research Corp.3/26/1999
OCTOBER TERM, A. D. 1998
Appeal from the District Court of Albany County The Honorable Jeffrey A. Donnell, Judge
William D. VanLente (VanLente) presents as his primary claim for relief the proposition that this Court should recognize a contract remedy for an at-will employee based upon breach of the implied covenant of good faith and fair dealing in the employment relationship. The district court entered a summary judgment in favor of the University of Wyoming Research Corporation, d/b/a Western Research Institute Corporation (the Institute), and James G. Speight (Speight), ruling that such a claim for relief is not recognized in Wyoming law. As a secondary issue, VanLente asserts that genuine issues of material fact exist relative to the existence of a special relationship between him and the Institute which would support his tort claim for breach of the implied covenant of good faith and fair dealing.
We hold that the district court did not err since there is no contract remedy available to VanLente based upon breach of the implied covenant of good faith and fair dealing, and the record does not suffice to demonstrate a genuine issue of material fact as to the existence of a special relationship. The Order Granting Defendants' Motion for Summary Judgment is affirmed.
In the Brief of Appellant, filed on behalf of VanLente, the issues are stated as:
A.
Should Wyoming recognize a cause of action for contractual breach of the implied covenant of good faith in a wrongful discharge case where the termination is contrary to justifiable expectations of the employee and there is evidence of dishonesty in fact?
B.
Was there a genuine issue of fact regarding the existence of a special relationship, improper motive and dishonesty in fact precluding summary judgment?
The issues are restated in this way in the Brief of Appellees, filed on behalf of the Institute and Speight:
1. The District Court properly applied Wyoming law in determining that the proposed Amendment to Plaintiff[s'] Complaint would not affect the outcome of Defendants' Motion for Summary Judgment.
2. The District Court properly granted Summary Judgment on Plaintiff[s'] cause of action for tortious breach of the covenant of good faith and fair dealing.
When reviewing an order granting a summary judgment, this Court invokes the same standards that are applicable in the district court. We examine the record in the light most favorable to the party who opposed the motion, affording to that party all favorable inferences that can be drawn from the demonstrated facts. 40 North Corp. v. Morrell, 964 P.2d 423, 426 (Wyo. 1998) (quoting Raymond v. Steen, 882 P.2d 852, 856 (Wyo. 1994)); Moore v. Lubnau, 855 P.2d 1245, 1248 (Wyo. 1993) (quoting Zmijewski v. Wright, 809 P.2d 280, 282 (Wyo. 1991)). When the record is so considered, summary judgment is permissible only when there is no genuine issue as to any material fact, and the prevailing party is entitled to receive a judgment as a matter of law. Ahearn v. Tri-County Federal Sav. Bank, 948 P.2d 896, 897 (Wyo. 1997); Hermreck v. United Parcel Service, Inc., 938 P.2d 863, 866 (Wyo. 1997); Kirkwood v. CUNA Mut. Ins. Soc., 937 P.2d 206, 208 (Wyo. 1997); see also W. R. C. P. 56(c).
Considering the record in the light of these rules of appellate jurisprudence, the facts that are material are relatively brief. VanLente had been employed by the Institute in the role of Human Resources Manager for a period of about nine years, and had successfully performed the duties of that position. VanLente described his position as a second level management po
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