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Andrews v. Southwest Wyoming Rehabilitation Center3/15/1999
Appeal from the District Court of Sweetwater County: The Honorable Jere A. Ryckman, Judge
Phil Andrews (Andrews) filed this wrongful termination action against his former employer, Southwest Wyoming Rehabilitation Center (SWRC), claiming breach of the implied covenant of good faith and fair dealing and breach of an implied contract of employment. Andrews appeals from the summary judgment granted in favor of SWRC. We affirm.
ISSUES
Appellant Andrews states the issues as:
I. In a wrongful discharge case was summary judgment appropriate where the employee was a corporate officer with fiduciary responsibility and there was evidence the termination was improperly motivated?
II. Was summary judgment appropriate in a wrongful discharge case where personnel rules do not disclaim contractual intent in conformity with Sanchez and Lincoln, where the actual practice of the employer is to require cause for termination, and where there are enumerated grounds for termination and a grievance policy in the rules, does inconspicuous "at-will" language apply simply because the terminated employee knew about it?
SWRC, as appellee, states the issues as:
A. Did the Trial Court err in granting summary judgment for Appellee upon the Appellant's claim for breach of the implied covenant of good faith and fair dealing?
B. Did the Trial Court err in granting summary judgment for Appellee upon the Appellant's claim for breach of an implied contract of employment?
FACTS
SWRC hired Andrews on January 2, 1990, for the position of employee relations coordinator. In May 1991, he was promoted to vice president of SWRC, the position he held when his employment was terminated on June 21, 1995. Andrews' supervisor was Kathy Horn-Dalton, the president of SWRC. According to Andrews, Horn-Dalton fired him because he tried to inform SWRC's board of directors that she was mishandling corporate assets and causing employee morale problems.
On February 5, 1996, Andrews filed suit against SWRC. Andrews alleged that he had a special fiduciary relationship with SWRC and that his termination was wrongfully motivated, and, thus, SWRC breached the duty of good faith and fair dealing. He also alleged that his termination violated an implied contract of employment established by SWRC's employee handbook, coupled with the corporation's personnel policies and practices. The district court granted SWRC's motion for summary judgment on both claims. Andrews timely appealed the district court's order.
STANDARD OF REVIEW
Summary judgment is appropriate where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Terry v. Pioneer Press, Inc., 947 P.2d 273, 275 (Wyo. 1997). This court evaluates the propriety of summary judgment using the same standards and materials used by the district court, affording no deference to the district court's decision on issues of law. Id. We look at the record from a vantage most favorable to the party opposing the motion, allowing that party all reasonable inferences which may be fairly drawn from the record. Id.
DISCUSSION
Implied Covenant of Good Faith and Fair Dealing
Wyoming recognizes a limited tort claim for breach of the implied covenant of good faith and fair dealing in employment contracts. Springer v. Blue Cross & Blue Shield of Wyoming, 944 P.2d 1173, 1178 (Wyo. 1997); Wilder v. Cody Country Chamber of Commerce, 868 P.2d 211, 220 (Wyo. 1994). Only in those rare and exceptional cases where a special relationship of trust and reliance exists between the em
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