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Bear v. Volunteers of America9/14/1998
Following her discharge from employment with Volunteers of America, Wyoming, Inc. (VOA), Appellant Jodie Bear (Bear) brought suit claiming the discharge breached her employment contract, violated the terms of a federal grant and violated her civil rights. VOA was granted partial summary judgment, and this Court granted Bear's petition for review of that decision.
We affirm.
ISSUES
Bear presents these issues on appeal:
Breach of Contract Claim
1. There was a genuine issue of material fact that Jodie Bear was an "at-will" employee.
A. Ms. Bear had an express contract by virtue of the employment letter sent to her by Jerry Fletcher.
B. Ms. Bear was a third-party beneficiary by virtue of the federal grant.
C. Ms. Bear had an implied contract under Volunteers of America, Wyoming, Inc.'s personnel policies.
Interference with a Contract
2. There was a genuine issue of material fact whether Jerry Fletcher, an agent of Volunteers of America, Wyoming, Inc., interfered with Ms. Bear's contract for his own advantage.
Violation of Due Process Rights
3. There was a genuine issue of material fact whether Ms. Bear had a property interest in her job that entitled her to a deprivation of property claim.
Promissory Estoppel
4. There was a genuine issue of material fact whether Volunteers of America, Wyoming, Inc. and Jerry Fletcher made specific promises to Ms. Bear upon which she detrimentally relied, and changed her position?
Breach of Good Faith and Fair Dealing
5. There was a genuine issue of material fact on whether Volunteers of America, Wyoming, Inc. and Jerry Fletcher fired Ms. Bear in retaliation for "blowing the whistle" on their misappropriation and misuse of federal grant funds and breached the Covenant of Good Faith and Fair Dealing.
Punitive Damages
6. There was a genuine issue of material fact as to whether Volunteers of America and Jerry Fletcher can be held liable for punitive damages.
VOA restates the issues to be:
1. Was Jodie Bear an "at will" employee of Volunteers of America?
2. If Jodie Bear is found to be an "at will" employee can she state a cause of action on any of the seven theories set forth in her Complaint?
FACTS
In 1994, Jerry Fletcher, Chief Operating Officer (COO) and executive director of VOA, interviewed Bear for the position of probation program director at a salary of $21,000 per year. Bear considered this salary too low and contends the two agreed that if Bear set up a probation department to provide probation services to juveniles in the municipal, county, and district court systems in Sheridan County and secured permanent funding, her salary would be raised. Fletcher sent Bear a form letter entitled "Employment Letter" which set her hiring date as December 21, 1994, named her salary and identified her employment status to be probationary for a six month period at which time she would be reclassified as a permanent employee. Referring Bear to a handbook containing the personnel policies for the organization for further information, Fletcher signed the letter as executive director. Bear was given and read the VOA Personnel Policies but states that she was not given a first page containing a disclaimer.
Federal law requires states to provide juveniles with services established under the Juvenile Justice and Delinquency Prevention Act of 1974 and provides federal grants to do so. Under Bear's direction,
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