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ALLSUP v. MOUNT CARMEL MED. CENTER3/22/1996
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated July 11, 1996, pursuant to Rule 7.04 (1995 Kan. Ct. R. Annot. 40).
Gary Allsup appeals from the decision of the district court which granted summary judgment in favor of Mount Carmel Medical Center (Mount Carmel). Allsup contends that he was discharged in violation of an implied contract of employment.
Prior to March 4, 1992, Allsup was employed by Mount Carmel as vice-president of Human Resources. The parties agree that "[Allsup] was an employee entitled to the benefit of [Mount Carmel's] policies regarding the requirement of just cause for discipline, progressive discipline and grievance procedure." Neither party cites any language in Mount Carmel's policies that would give rise to an implied contract; however, for the purposes of this appeal, it is considered fact that an implied contract existed because both parties agree.
Mount Carmel states that "Mount Carmel's President terminated [Allsup's] employment for various job related reasons." The facts underlying Allsup's termination are not at issue in this appeal. Both parties agree that Allsup's last day of employment with Mount Carmel was March 4, 1992.
Mount Carmel filed a motion for summary judgment which stated: " laintiff is estopped from asserting a claim for wrongful termination because the implied contract on which he relies provided for the filing of a grievance to Defendant's Administrator (CEO) as the final step in any review of employment termination."
The memorandum in support of the summary judgment motion stated in part:
"Plaintiff's action is one for wrongful discharge under an alleged implied employment contract based on certain alleged policies of [Mount Carmel]. Mount Carmel for the purpose of its Motion for Summary Judgment assumes arguendo the existence of such an implied employment contract based on its alleged policies. . . .
". . . or the purpose of the instant Motion for Summary Judgment, Defendant Mount Carmel assumes arguendo that the following of Plaintiff's contentions are uncontroverted.
"1. The basis for Plaintiff's claim of wrongful termination is Defendant's (alleged) policies regarding the requirement of just cause for termination of employment, progressive discipline dependent upon the infraction committed, and the hospital's grievance procedure. . . .
"2. Plaintiff was an employee entitled to the benefit of Defendant's policies regarding the requirement of just cause for discipline, progressive discipline and grievance procedure."
Both parties agreed to paragraphs 1 and 2 as uncontroverted facts.
Mount Carmel also had a policy which provided a grievance procedure for an aggrieved employee. The policy provided in part: "It is the policy of Mt. Carmel Medical Center to provide a means whereby an employee may present a complaint regarding conditions of employment, or interpretation, and/or application of policies in an orderly manner without fear of recrimination."
The grievance procedure provided a four-step process. The first step was to bring the problem to the attention of the employee's immediate supervisor. If a satisfactory solution was not reached, then the second step required in part that " he employee . . . prepare the complaint, including relief requested, in written form and present the written grievance to the Department Manager." The third step was similar to the second in that a written complaint was to be presented to the "Division Director." The fourth step p
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