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Crawford County6/1/2005
This is a wrongful-termination case. Appellant Crawford County, Arkansas (County), appeals from a jury verdict in favor of appellee Dottie Jones for breach of contract. Jones cross-appeals from the trial court's granting of the County's motion for directed verdict on her claims of outrage and violation of the Arkansas Whistle-Blower Act, as well as the denial of her request for attorney's fees. We affirm on direct appeal; we affirm in part and reverse and remand in part on cross-appeal.
Background
In 1979, Jones went to work in the Crawford County Assessor's Office as an appraiser. In November 1999, the County hired Accurate Mapping Company to conduct reappraisals in accordance with Act 1185 of 1999. Accurate Mapping agreed to use appraisers from the assessor's office for the reappraisals, and Jones was assigned to work on the reappraisal under Accurate Mapping's supervision. On July 3, 2000, Accurate Mapping released Jones back to the assessor's office, due to alleged complaints against Jones. On that same day, the assessor, Dianna Faucher, terminated Jones based on the same complaints.
The County adopted an "Employee Policy Handbook" (handbook), effective July 11, 2000. This handbook replaced an earlier policy ordinance adopted in 1993 and later amended. The handbook provided, in pertinent part:
All County employees are permanent employees with a property right in their employment. Each County employee has a substantial expectancy of continued employment until the employee voluntarily resigns or "just cause" for reduction or removal of pay or position is proved by the County at a pre-deprivation hearing or a property interest hearing (a "grievance hearing") which will be provided if the affected employee requests a property right hearing in the time and manner required by this policy....
"Just cause" for the reduction or removal of pay or position was defined to include "any reason rationally related to the effectuation of a legitimate County objective." The handbook provided that an elected official or departmental supervisor may lay off an employee whenever it is necessary by reason of non-appropriation of funds or work, or by reason of a bona fide abolishment of or change in the duties of a position, or when the department is reorganized and the need for the position is eliminated. However, the handbook, in discussing layoffs, also provided as follows:
No employee with permanent employee status is to be separated by lay off while there are extra help, temporary, seasonal or probationary employees serving in the department in the same or equal or lower-level position for which regular-status employee or employees are qualified and available to reassignment.
In determining the order of lay off of employees with regular status, the elected official may consider, on a consistent and equitable basis, such factors as seniority (the length of a County employee's continuous service with the County since the last date of hire), work record, conduct and qualifications.
The supervisory official had the burden of proving "just cause" for the supervisory official's intended discipline or dismissal of the employee. In the event that an employee was voluntarily terminated for any reason, other than as a result of disciplinary action, attempts were to be made to give the affected employee at least two weeks' notice.
Jones pursued the handbook's grievance procedure and was reinstated effective August 1, 2000. Then, on August 2, 2000, Faucher notified Jones that she was being laid off effective August 4, 2000. Jones again attempted to utilize the grievance procedure, but her request for a hearing was denied
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