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Townsend v. Living Centers Rocky Mountain11/13/1997
The employment of appellant Hubert Townsend was terminated following allegations of sexual harassment. Conceding that he was an at-will employee, Townsend nevertheless brought suit for wrongful termination under the theories of civil conspiracy, tort, and breach of the covenant of good faith and fair dealing against his employer, appellee Living Centers Rocky Mountain, Inc. (Living Centers). The court ruled that these causes of action are not recognized in Wyoming and granted summary judgment to appellees.
We affirm.
ISSUES
Townsend presents these issues:
There are genuine issues as to material facts which preclude the granting of the Appellees' Motion for Summary Judgment under Rule 56(c) W.R.C.P. on the Appellant's cause of action for Civil Conspiracy and Wrongful Termination.
There are genuine issues of material facts which preclude the granting of the Appellees' Motion for Summary Judgment under Rule 56(c) W.R.C.P. on the Appellant's cause of action for Prima Facie Tort.
Living Centers presents these issues:
A. Did the district court properly grant appellee's motion for summary judgment under Rule 56(c), W.R.C.P., on appellant's claims of civil conspiracy and prima facie tort in a wrongful termination case?
B. Is there no reasonable cause for appeal and should appellees be awarded their attorneys' fees and costs under Rule 10.05 W.R.A.P.?
FACTS
Living Centers owns and operates the Sheridan Manor which is a nursing care facility located in Sheridan, Wyoming. Donna Schulz is the administrator of the Sheridan Manor, and Marge Ingalls was the director of nursing during Townsend's employment. Townsend was hired as a registered nurse on October 27, 1993, and, as set out by an employee handbook, began a probationary period for the first ninety days. As a probationary employee, Townsend was an at-will employee. On December 16, 1993, four female employees reported a number of incidents they claimed constituted sexual harassment and which involved Townsend. Ingalls suspended Townsend, and on December 20, Townsend was notified that his employment would be terminated. He responded in writing specifically referencing the incidents. He also requested that he be allowed to face his accusers and to know the names of his accusers. Ingalls refused to divulge that information, and Schulz approved Townsend's termination, which was effective on December 23, 1993.
Townsend filed suit, alleging in his complaint civil conspiracy to cause wrongful termination, wrongful termination, punitive damages for willful and wanton civil conspiracy and wrongful termination, and prima facie tort for wrongful termination of Townsend's employment in a tortious manner. In granting summary judgment, the district court ruled that wrongful termination and these torts were not recognized in Wyoming, and the facts of this case did not constitute those torts. This appeal followed.
DISCUSSION
As can be seen from the precise wording in Townsend's complaint, the dispositive issue in this case is whether or not Wyoming will recognize the claims of civil conspiracy or prima facie tort as theories of recovery for an employment termination. Our standard of review for these questions of law is de novo.
Generally in Wyoming, only contract remedies are available to provide relief for wrongful terminations, and tort remedies are rarely available in the employment context. For an at-will employee, a breach of contract action is not available, and the only tort remedies available to date are breach of the implied covenant of good faith and fair dealing whi
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