Bryarly v. Shenandoah University

41 Va. Cir. 238, 1996 Va. Cir. LEXIS 486
CourtWinchester County Circuit Court
DecidedDecember 31, 1996
DocketCase No. (Law) 96-246
StatusPublished
Cited by2 cases

This text of 41 Va. Cir. 238 (Bryarly v. Shenandoah University) is published on Counsel Stack Legal Research, covering Winchester County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryarly v. Shenandoah University, 41 Va. Cir. 238, 1996 Va. Cir. LEXIS 486 (Va. Super. Ct. 1996).

Opinion

By Judge John E. Wetsel, Jr.

This case came before the Court on December 19, 1996, for argument on the defendants’ demurrers. Shenandoah University demurred on the grounds that its employment policy manual did not create a contract between it and its former employee, the Plaintiff, and that the Plaintiffs employment was at will, so the Plaintiff has no right of action against the university for her discharge. The Defendant Racer, the Plaintiffs former supervisor, has also demurred to the counts charging that she tortiously interfered with the Plaintiffs employment contract with Shenandoah University. Joyce A. N. Massey, Esquire, appeared for the plaintiff; and Richard C. Sullivan, Jr., and Dennis J. Quinn, Esquires, appeared for the defendants. Having considered the parties’ arguments and their memoranda of authorities, the Court has decided to sustain Shenandoah University’s demurrer and to sustain Racer’s demurrer to Count III, but to deny Racer’s demurrer to Count IV of the motion for judgment.

I. Statement of Material Facts

The Plaintiff has pleaded or admitted to the following facts.

The Plaintiff was employed by Shenandoah University from February 1, 1994, through July 23, 1996, as the Publications Manager and Managing Editor of the publications of the Durell Institute.

[239]*239Defendant Shenandoah University is a private university in Winchester, Virginia. The Durell Institute is a private non-profit entity which is part of Shenandoah University.

The Defendant Racer is the Director of the Durell Institute, a member of the Institute’s Board of Trustees, an employee of Shenandoah University, and she was the Plaintiffs immediate supervisor.

Plaintiff alleges that she “at all times performed her job in an exemplary manner and never received any notice that her performance was deficient in any manner.” Motion for Judgment, para. 28.

Plaintiff alleges that her supervisor Racer “treated Plaintiff in an abusive manner, which led the Plaintiff to file a grievance against Defendant Racer under Shenandoah’s grievance system.” Plaintiffs Memorandum in Opposition to Defendant Shenandoah’s Demurrer, p. 1-2, summarizing averments 7-27 of the Motion for Judgment. The third and final grievance panel review recommended that Racer be removed as the Plaintiffs immediate supervisor. Plaintiff alleges that for a while Shenandoah University abided by the recommendation of the grievance panel, but that Racer gradually resumed her control over the Plaintiff. Motion for Judgment, para. 18-22.

The Plaintiff then expressed her dissatisfaction with Racer’s actions to the Trustees of the Durell Institute, who held their annual meeting on July 22, 1996, and on July 23,1996, she alleges that she was “informed that her job had been eliminated, [and she] was asked to clean out her desk and leave immediately.” Motion for Judgment, para. 27.

The official letter of termination dated July 23, 1996, from Shenandoah University Dean Daniel Pavsek to the Plaintiff, which was made part of the record on the Defendants’ Motion to Crave Oyer, stated:

Following a careful review of the 1995-1996 performance of the Durell Institute and an evaluation of the 1996-1997 budget for the Institute, it has been decided that the university can no longer continue to support and produce the Economics Newsletter and the Durell Journal of Money and Banking. Therefore, effective immediately, the Economics Newsletter and the Durell Journal of Money and Banking are being discontinued as programs of the Durell Institute.
Since these two programs represent the bulk of your responsibilities, it is necessary to inform you that your position is hereby terminated effective immediately. In recognition of your efforts, you will continue with full salary and benefits through 31 October 1996. Of course under the rules and regulations of the university you have the right to [240]*240appeal this decision in accordance with procedures set down in various university policies.

The Plaintiff does not allege that she appealed this decision, rather she filed this present action.

The Plaintiff has sued Shenandoah University for breach of her employment contract based on the University’s Policy Manual. Motion for Judgment Counts I and II. This Policy Manual was made part of the record on the Defendant’s Motion to Crave Oyer. The Policy Manual covers a broad range of subjects incident to Shenandoah University’s employment policies with respect to its non-faculty employees. The preamble to the Policy Manual is a letter from the University President signed by him.

Section 2, the introduction to the Policy Manual, states:

The right of the employee or the University to terminate the employment relationship “at will” is recognized herein and affirmed as a condition of employment. These policies are not to be construed as a contract, guarantee or condition of employment.

Defendant Shenandoah University contends that this provision is clear, and, since the employment was at will, the Plaintiff was properly terminated.

The Plaintiff claims that she could only be discharged for cause, but the Policy Manual does not expressly state this. The Plaintiff contends that to rule that the employment relationship was at will renders meaningless sections 4.8 (probationary period of at least three months); section 7.3.4 (standards of conduct); and section 9.1.2 (dismissals) of the Policy Manual, and that it can be inferred from these provisions that she could only be discharged for cause. Section 4.8 of the Policy Manual provides that:

During the probationary period either the employee or the University may end the relationship without stated cause or impact on the employee’s record.

Section 7.3.4 sets forth the general provisions of conduct expected of University employees.

Section 9.1.2 of the Policy Manual states:

If an employee is dismissed after the probationary period with cause, a full written explanation of the reasons will be given the employee (see Section 7.3.4).

[241]*241The Policy Manual does not provide that an employee who is discharged without cause is to be given an explanation of his discharge.

Section 9.1.3 of the Policy Manual states:

If an employee’s position is eliminated, a written explanation will be given the employee by the employee’s supervisor. A minimum 30 day advance notice to the employee is required. Severance pay will not be given.

This is the provision which the Defendant Shenandoah University contends applies to the Plaintiffs discharge.

The Plaintiff also alleges that the individual defendant Racer by a variety of actions (Motion for Judgment Counts III and IV), tortiously interfered with her employment relationship with Shenandoah University, and Racer has demurred to these counts.

II. Conclusions of Law

In considering a demurrer the Court must apply “the settled rule that a demurrer admits the truth of all well-pleaded material facts. All reasonable inferences fairly and justly drawn from the facts alleged must be considered in aid of the pleading.” Russo v. White, 241 Va.

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41 Va. Cir. 238, 1996 Va. Cir. LEXIS 486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryarly-v-shenandoah-university-vaccwinchester-1996.