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McLean v. Hyland Enterprises11/14/2001
Appeal from the District Court of Carbon County The Honorable Kenneth E. Stebner, Judge
[ ] These three consolidated appeals arise from related facts. Rob and Linda McLean, husband and wife, worked for Hyland Enterprises. In appeals No. 00-184 and No. 00-186, the McLeans allege they both were wrongfully terminated from Hyland Enterprises in retaliation for Rob McLean's refusing to perform what he believed to be an unsafe order. They also allege they were terminated in violation of terms contained in the company's employee policy manual. Hyland Enterprises denies the claim of wrongful termination, alleges that the appropriate relief for such a claim is not a tort action but rather an administrative action pursuant to the Wyoming Occupational Health and Safety Act, Wyo. Stat. Ann. § 27-11-101 through § 27-11-114 and corresponding rules, and denies having any employee policy manual.
[ ] Summary judgment was granted to Hyland Enterprises on all but one count of the complaints filed in the district court. The one remaining count was the breach of implied contract action by Linda McLean wherein she claimed her at-will employment status was modified by an employee handbook and she was terminated in violation of terms contained in the employee handbook. In appeal No. 00-185, Hyland Enterprises appeals the denial of summary judgment on this one remaining count. The district court's denial of summary judgment is not subject to appeal, and therefore appeal No. 00-185 is hereby dismissed, and that matter is remanded to the district court for further proceedings. As to appeals No. 00-184 and No. 00-186, we affirm the district court's granting of summary judgment.
ISSUES
Appeal No. 00-184
[ ] Appellant Linda McLean states the issues as:
Was summary judgment proper in plaintiff's claim for wrongful discharge in violation of public policy when there is evidence that plaintiff was terminated in retaliation for her and her husband's complaints about safety and termination for refusal to work?
Appellee Hyland Enterprises' issues are:
Did the district court judge properly grant summary judgment on the violation of public policy claim?
A. Can a spouse base a claim on her husband's complaint about alleged safety violations?
B. Can a claim be sustained when there is no public policy violation?
C. Are there other remedies available that preclude this claim?
Appeal No. 00-185
[ ] Appellant Hyland Enterprises' states the issues as:
Did a draft employment manual create an implied contract of employment under the facts of this case? Stated in more precise terms:
I. Can a reasonable employee expect that a personnel manual that she has not read or received constitute an offer by her employer?
II. Does there exist consideration to support an implied contract when there is no widespread distribution of the manual and the employee has not provided any additional benefit or suffered any detriment?
Appellee Linda McLean's issues are:
A. Where an employer has represented a policy manual containing job security rules as being "our company policies," is there sufficient evidence of intent to enter an employment contract to preclude summary judgment in a wrongful termination case?
B. Where an employer has rules regarding job security, must an employee supply additional consideration over her continued employment?
Appeal No. 00-186
[ ] Appellant Rob McLean's issues are:
A. Was summary judgment proper when evidence showed that the plaintiff's
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