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Springer v. Blue Cross And Blue Shield

9/23/1997

William Springer (Springer) filed this wrongful termination action against his former employer, Blue Cross and Blue Shield of Wyoming (Blue Cross), claiming breach of employment contract, breach of the implied covenant of good faith and fair dealing, and intentional and negligent infliction of emotional distress. After a bench trial, the district court found in favor of Blue Cross on all claims and entered an Order of Dismissal with Prejudice. In this appeal, Springer challenges the district court findings regarding breach of contract and breach of the implied covenant of good faith and fair dealing.


We affirm.


Appellant Springer presents the following issues for our consideration:


1. Whether the trial court erred in holding that the Employment Handbook, either alone or in combination with the Disciplinary Rules, did not constitute an enforceable contract of employment.


2. Whether the trial court erred in holding that the employer's failure to follow its own internal Disciplinary Rules did not constitute a breach of the employment contract.


3. Whether the trial court erred in holding that the manipulation of the employee's duties for the purpose of creating an excuse to fire him did not violate the inherent contractual covenant of good faith and fair dealing.


4. Whether the trial court erred in holding that the employer's claim of a subjective "loss of confidence" constituted good cause for termination of the employment.


Appellee, Blue Cross and Blue Shield of Wyoming, states the issues as:


A. Whether the trial court erred in concluding that Blue Cross and Blue Shield of Wyoming had cause to terminate William Springer's employment.


B. Whether the trial court erred in concluding that Blue Cross and Blue Shield of Wyoming's progressive disciplinary provisions were not mandatory and did not apply to Mr. Springer.


C. Whether the trial court erred in concluding that Blue Cross and Blue Shield of Wyoming did not have a special relationship with Mr. Springer so that the tort of breach of the covenant of good faith and fair dealing would be actionable.


FACTS


Blue Cross hired Springer as a staff attorney on September 15, 1986. As staff attorney, his primary responsibilities included coordination of benefits, subrogation and refunds oversight. In December 1990, Springer was placed on active duty in the Air Force because of Desert Storm. Upon his return to work on April 29, 1991, he was placed in the position of Director of Claims and Staff Assistant to the Senior Director of Benefits Administration. On August 1, 1993, Springer was reassigned to the position of staff attorney. Blue Cross terminated Springer's employment on January 3, 1994, giving him three months salary plus pay for his accrued vacation to that date.


In July 1995, Springer filed a complaint against Blue Cross seeking compensatory and punitive damages. He claimed that a contractual relationship existed between him and Blue Cross by virtue of representations made in the employee handbook and company policies and that Blue Cross breached the contract. Springer also claimed breach of the implied covenant of good faith and fair dealing, and intentional and negligent infliction of emotional distress.


The district court held a three-day bench trial in late 1995. During the trial, the court heard testimony from Springer, as well as several members of the Blue Cross senior management team, including Charles Chapman, president, and Karen Dobson, vice president. Springer reported directly to either Chapman or Dobson during his entire tenure at Blue Cross. T

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