Bine v. Owens

542 S.E.2d 842, 208 W. Va. 679
CourtWest Virginia Supreme Court
DecidedJanuary 12, 2001
Docket27685
StatusPublished
Cited by14 cases

This text of 542 S.E.2d 842 (Bine v. Owens) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bine v. Owens, 542 S.E.2d 842, 208 W. Va. 679 (W. Va. 2001).

Opinions

PER CURIAM:

This is an appeal by Holly O. Bine and Shirley Bine, his wife, from an order of the Circuit Court of Marshall County granting Bayer, Inc., and other defendants, summary judgment in an action brought by the Bines growing out of the firing of Holly O. Bine by his employer, Bayer, Inc.1 In their complaint, the Bines had claimed that Holly 0. Bine’s termination was wrongful in that Bayer, Inc., had failed to follow disciplinary procedures contained in its own employee handbook. They also had claimed that he had been defamed and had been placed in false light, that he had been subjected to intentional infliction of emotional distress, and that he had not received termination pay in a timely manner as required by West Virginia’s Wage Payment and Collection Act, W. Va.Code 21-5-1, et seq. On appeal, the Bines claim that the circuit court erred in entering summary judgment inasmuch as there were material questions of fact remaining in the case at the time summary judgment was entered.

I.

FACTS

In 1994, Bayer, Inc., installed a stationary video surveillance system on the parking lot of its New Martinsville, West Virginia, plant after receiving a report of vandalism on that lot. Subsequently, an hourly security guard, equipped with a hand held video camera, was also stationed on the lot.

In the early hours of September 16, 1994, the security guard observed an individual walking in a suspicious manner around a vehicle which had previously been vandalized. The security guard believed that the individual was Holly 0. Bine. A subsequent investigation showed that the vehicle had been freshly scratched.

The incident was reported, and the management of Bayer, Inc., proceeded to review the incident. Management concluded that Mr. Bine was in fact the individual who had scratched the vehicle and informed Mr. Bine of this conclusion. Mr. Bine denied that he had damaged the vehicle and asked the identity of the guard and asked for an opportunity to review the videotape. Management denied these requests and directed Mr. Bine to take a leave of absence while a further investigation was conducted. Subsequently, Mr. Bine’s employment was terminated effective October 15,1994.

[682]*682Following his termination, Mr. Bine and his wife instituted the civil action involved in the present proceeding. As has been previously indicated, they claimed that Mr. Bine had not been accorded the benefit of the procedures contained in Bayer, Inc.’s, employee handbook. They also claimed that Bayer, Inc., had defamed Holly 0. Bine, had presented him in a false light, and had intentionally inflicted emotional distress upon him. Lastly, they claimed that his final wages had not been paid in accordance with West Virginia’s Wage Payment and Collection Act.

After extensive discovery, Bayer, Inc., and the other defendants moved for summary judgment in the action. The circuit court took the motion under consideration and on September 10, 1999, granted the relief sought. It is from that action that the present appeal is brought.

II.

STANDARD OF REVIEW

This Court has indicated that a summary judgment should be reviewed de novo. Painter v. Peavy, 192 W.Va. 189, 451 S.E.2d 755 (1994). Further, the Court has indicated that: “A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.” Syllabus Point 3, Aetna Casualty & Surety Company v. Federal Insurance Company of New York, 148 W.Va. 160, 133 S.E.2d 770 (1963). Lastly, the Court has stated that in determining whether there is a genuine issue of material fact in a case, the Court will construe the facts in the light most favorable to the losing party.- Alpine Property Owners Association v. Mountaintop Development Company, 179 W.Va. 12, 365 S.E.2d 57 (1987).

III.

DISCUSSION

A.

A Wrongful Firing Issue

One of the Bines’ principal assertions in the present appeal is that Bayer, Inc., issued an employee handbook which detailed procedures to be followed when employee discipline or discharge was contemplated. They claim that Bayer, Inc., improperly and wrongfully failed to follow the procedures specified in the handbook in terminating Mr. Bine’s employment. Bayer, Inc., on the other hand, claims that Holly 0. Bine was an at-will employee and that since this was the situation, he could legally be fired without being afforded the benefit of the handbook procedure.

In Cook v. Heck’s, Inc., 176 W.Va. 368, 342 S.E.2d 453 (1986), this Court stated that in the realm of the employer-employee relationship, West Virginia is an “at-will” jurisdiction, that is, that, in the absence of some contractual or legal provision to the contrary, an employment relationship may be terminated, with or without cause, at the will of either the employer or the employee. The Cook case, however, proceeded to hold that a provision in an employee handbook may alter the at-will nature of an employment relationship if there is a definite promise in the handbook by the employer not to discharge the covered employee except for specified reasons. The Court specifically stated:

The inclusion in the handbook of specified discipline for violations of particular rules accompanied by the statement that the disciplinary rules constitute a complete list is prima facie evidence of an offer for a unilateral contract of employment modifying the right of the employer to discharge without cause.

176 W.Va. at 374, 342 S.E.2d at 459.

In the later case of Suter v. Harsco Corporation, 184 W.Va. 734, 403 S.E.2d 751 (1991), the Court reiterated the principle that a handbook provision may alter an at-will relationship, but stated further that: “An employer may protect itself from being bound by any and all statements in an employee handbook by placing a clear and prominent disclaimer to that effect in the handbook itself.” Syllabus Point 5, Suter v. Harsco Corporation, id.

Although the Bines in the present case claim that the handbook issued to Mr. Bine altered the at-will nature of Mr. Bine’s employment, and implicitly established that Mr. Bine’s employment could only be terminated [683]*683by the procedures established in the handbook, the record shows that the handbook issued to Mr. Bine contained a prominent disclaimer indicating that nothing in the handbook was intended to alter Mr. Bine’s at-will employment relationship. Specifically, the handbook stated:

The manual is not intended to alter the employment-at-will relationship in any way. Moreover, it neither creates an employment contract or term nor limits the reasons or procedures for termination or modification of the employment relationship.

In light of the fact that Suter v. Harsco Corporation, id.,

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Bluebook (online)
542 S.E.2d 842, 208 W. Va. 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bine-v-owens-wva-2001.