Ahlgren v. Blue Goose Supermarket, Inc.

639 N.E.2d 922, 203 Ill. Dec. 363, 266 Ill. App. 3d 154, 1994 Ill. App. LEXIS 1189
CourtAppellate Court of Illinois
DecidedAugust 23, 1994
Docket2-93-0869
StatusPublished
Cited by17 cases

This text of 639 N.E.2d 922 (Ahlgren v. Blue Goose Supermarket, Inc.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ahlgren v. Blue Goose Supermarket, Inc., 639 N.E.2d 922, 203 Ill. Dec. 363, 266 Ill. App. 3d 154, 1994 Ill. App. LEXIS 1189 (Ill. Ct. App. 1994).

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

Plaintiff, Linda Ahlgren, filed a two-count second amended complaint in the circuit court of Kane County, against defendants, the Blue Goose Supermarket, Inc. (Blue Goose), and David Lencioni, alleging wrongful termination and breach of contract. Lencioni was dismissed with prejudice as a defendant, and the circuit court granted the remaining defendant’s motion for summary judgment on the breach of contract claim. Following the trial court’s denial of plaintiff’s motion for a Supreme Court Rule 304(a) finding (see 134 Ill. 2d R. 304(a)) and this court’s dismissal of plaintiff’s first appeal for lack of jurisdiction, plaintiff voluntarily dismissed her wrongful termination claim. Plaintiff now brings a timely- appeal from the circuit court’s order granting summary judgment with prejudice in favor of defendant on the breach of contract claim.

The sole issue on review is whether an employee handbook and interoffice memorandum distributed to plaintiff contemporaneously with her promotion from cashier to manager modified her employment status as an at-will employee to one who could be terminated only for cause.

Plaintiff’s second amended complaint alleged as follows. Plaintiff was an employee of the Blue Goose Supermarket, Inc., from approximately September 1979 until July 28, 1990. On or about October 6, 1989, plaintiff was promoted from cashier to customer service manager, a salaried position.

Before October 1989, Blue Goose’s employment policies were documented in the "Blue Goose Supermarket Employee Manual.” The manual contained no job classifications, job descriptions, job responsibilities, or job performance standards.

Sometime after David Lencioni assumed the duties of president and chief executive officer of Blue Goose, he initiated a program for evaluating and defining Blue Goose’s organizational structure. On or about October 6, 1989, Lencioni distributed a memorandum to employees describing the company’s expectations regarding organizational structure. The memorandum’s stated goal was to "produce clear, concise, common sense [szc] statements of store policy, job descriptions and responsibilities, lines of communication, a chain of command, and procedures and goals.” The memorandum further advised employees that plaintiff was to assume the duties of customer service manager. It further stated that "[u]ntil further notice, the Customer Service Manager will report to the President.”

Contemporaneous with her promotion, plaintiff was also provided with a new employee manual, a copy of which was attached to her complaint. The introduction page describes it as an informational package "given to you as a courtesy of your Blue Goose Super Market Management Team.” It further stated that "[yjour receipt of it justifies our belief of your understanding and acceptance of these policies.” According to plaintiff’s complaint, a copy of the manual was distributed to all managers and employees. Generally, the new manual provided job descriptions and functions, performance evaluation objectives, and evaluation standards for the customer service department. The customer service evaluation standards addressed such areas as customer relations, general store knowledge, accuracy, interpersonal relations, and dependability. The evaluation standards for each particular area of concern are generally broken down into three categories: (1) needs improvement; (2) meets standards; and (3) "excels [sic] standards.” Within each category is a brief enumeration of company expectations relative to a particular area. For example, under customer relations, an employee who, among other things, demonstrates positive eye contact, facial expression, courtesy towards customers, and does not delay a customer through social conversations meets the standard for friendliness and politeness.

The manual contains no provisions discussing length of employment, the nature of the employment relationship, or tenure. Additionally, there are no general or specific procedures for discipline or discharge of employees who fail to meet company standards, and no employee grievance procedures are outlined. The manual contains no contractual disclaimer.

In her complaint, plaintiff alleged, in part, that the delivery of the manual to her "specifically offered [her] the opportunity to accept a newly established position, and to work in that position within a specifically defined framework of criteria for job security and promotion.” Additionally, her complaint alleged that the delivery of the manual, combined with:

"the circumstances surrounding the delivery thereof, *** [was] reasonably accepted by Plaintiff as a unilateral offer by BLUE GOOSE of a contract of employment in a new position of Customer Service Manager and that absent some more specifically defined limitation on the duration of that employment Plaintiff could reasonably anticipate continued employment in the position offered during good behavior and competent performance.”

Plaintiff alleged further that her undertaking the duties and responsibilities of customer service manager constituted her acceptance of the defendants’ "unilateral offer” and provided the consideration necessary for the formation of a contract of employment.

On July 6, 1990, Lencioni advised plaintiff, "without benefit of prior oral or written advice,” that she was being demoted, effective that day, to an hourly wage position as cashier. Plaintiff alleged that the demotion to cashier was tantamount to a constructive discharge in violation of the terms of her employment contract with Blue Goose and that she was entitled to compensatory and punitive damages.

Defendant moved for summary judgment, contending that plaintiff was an at-will employee. Defendant maintained that the manual did not contain a promise clear enough so that plaintiff would reasonably believe it to be an offer modifying her employment status. Defendant argued further that although the manual contained performance-related guidelines, it did not contain any provisions related to discipline or termination. The manual therefore created no contractual relationship between plaintiff and defendant, and defendant was free to terminate or demote plaintiff at will. Defendant further maintained, in the alternative, that even if a contract were formed, plaintiff’s complaint failed to allege how defendant breached that contract.

In her response, plaintiff maintained that the employee manual conveyed a clear promise which she could reasonably believe "was a unilateral offer of a contract of employment during good behavior and competent performance.” Attached to plaintiff’s response was her affidavit. Plaintiff averred, in part, that at some time prior to October 6, 1989, she was told that she was being promoted to customer service manager. It was a position with a complete job description and performance goals, and as long she met the performance criteria, she would have employment at Blue Goose. Plaintiff’s affidavit did not identify who made these statements to her.

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Bluebook (online)
639 N.E.2d 922, 203 Ill. Dec. 363, 266 Ill. App. 3d 154, 1994 Ill. App. LEXIS 1189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahlgren-v-blue-goose-supermarket-inc-illappct-1994.