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Hoflund v. Airport Golf Club2/10/2005
[ ] This is an appeal from summary judgment granted against appellant Penny Hoflund and in favor of appellee Airport Golf Club (AGC). In her complaint against AGC, Hoflund alleged causes of action for breach of contract, breach of the covenant of good faith and fair dealing, intentional infliction of emotional distress, and defamation. We affirm.
ISSUES
[ ] Hoflund phrases the issues on appeal as:
I. [Hoflund] properly asserted a claim for retaliatory discharge in violation of public policy within the trial court.
a. The Wyoming Fair Employment Practices Act of 1965, Wyo. Stat. § 27-9-101 et seq. does not provide a remedy for sexual harassment.
b. Sexual harassment violates theories of public policy and [Hoflund] had no other remedy than civil litigation.
c. A material question of fact exists as to [Hoflund's] allegation of retaliatory discharge.
II. The covenant of good faith and fair dealing is breached when a special relationship exists between an employer and employee and the employee is discharged to avoid compliance with a specified duty of the employer.
III. Intentional infliction of emotional distress is available to an employee where a hostile work environment has been fostered if that employee can demonstrate severe emotional distress due to the employment relationship itself.
AGC states the issues on appeal as:
I. [Hoflund] did not properly assert a claim for retaliatory discharge in her complaint and raises related issues for the first time on appeal.
A. The Wyoming Fair Employment Practices Act of 1965, Wyo. Stat. § 27-9-101 et seq. provides an adequate remedy for sexual discrimination as held in Allen v. Safeway Stores, 699 P.2d 277 (Wyo. 1985) precluding an action for retaliatory discharge.
B. [Hoflund] failed to exhaust the administrative remedies promulgated by the Wyoming Department of Labor pursuant to Wyo. Stat. § 27-9-104(a)(ii) thus barring any claim of retaliatory discharge.
II. As a matter of law, no "special relationship of trust and reliance" existed between [Hoflund] and sufficient to support a claim of violation of the covenant of good faith and fair dealing.
A. [Hoflund] provided no separate consideration to her employer to establish the necessary special relationship of trust and reliance.
B. [Hoflund's] at-will employment status was not modified by [AGC's] voluntary adoption of a sexual harassment policy.
III. [AGC's] lawful termination of [Hoflund] cannot support a claim of intentional infliction of emotional distress against it as a matter of law, and [Hoflund] presented no other facts to support such a claim to the District Court.
FACTS
[ ] AGC is a nonprofit corporation that operates a private membership club including a restaurant and bar at the clubhouse of the Cheyenne Airport Municipal Golf Course. Hoflund began employment with AGC as a bartender in approximately 1993. Between 1996 and 1998 Hoflund acted as manager for AGC. In 1998, Hoflund returned to the position of bartender at her request until March of 2001. Hoflund then left the employ of AGC until June of 2001 when she was rehired by AGC serving in the capacity as manager until March of 2002. Thereafter, Hoflund again left the employ of AGC to take another job, but filled in at the club when requested to do so. Hoflund was once more rehired full time by AGC in the position of bartender in June of 2002.
[ ] When Hoflund returned to employment with AGC in June of 2002, Midgely was employed as a cook. Hoflund knew Midgely prior to his employment with
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