Cherri Lynn Nix v. Elmore County

346 P.3d 1045, 158 Idaho 310, 2015 Ida. LEXIS 103
CourtIdaho Supreme Court
DecidedApril 7, 2015
Docket41524
StatusPublished
Cited by7 cases

This text of 346 P.3d 1045 (Cherri Lynn Nix v. Elmore County) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cherri Lynn Nix v. Elmore County, 346 P.3d 1045, 158 Idaho 310, 2015 Ida. LEXIS 103 (Idaho 2015).

Opinions

BURDICK, Chief Justice.

This appeal arises from Elmore County’s decision terminating its employee, Cherri Nix (“Nix”), without providing her a pretermination hearing pursuant to the Elmore County Personnel Policy (“ECPP”). Nix filed suit in Elmore County alleging, among other claims, that Elmore County violated the ECPP and breached the covenant of good faith and fair dealing when it terminated her employment without giving her a pretermination hearing. The district court granted Elmore County’s summary judgment motion on the basis that Nix was an at-will employee subject to termination at any time and for any reason, and that Nix failed to show a contractual relationship with Elmore County that would entitle her to a pre-termination hearing. Nix appeals that decision. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Cherri Nix worked as a custodial employee for Elmore County from June 1, 2007, until April 30, 2012, when her supervisor terminated her employment for numerous alleged instances of poor performance. Nix did not receive a pre-termination hearing prior to her dismissal. Consequently, Nix filed a complaint in district court alleging, among other claims, a breach of employment contract. Elmore County’s refusal to grant Nix a hearing is the basis of this appeal.

Early in 2011, Nix’s supervisor grew concerned over Nix’s job performance and addressed these concerns with Nix, requesting her to maintain daily task logs for the supervisor’s review. Nix’s performance improved in some areas over the first few months, but still required additional improvement.

In December of 2011, Nix’s new supervisor, Vence Parsons (“Parsons”), gave Nix a list of custodial and maintenance duties and maintained a daily log to track Nix’s performance. On February 1, 2012, Parsons gave Nix a Notice of Disciplinary Action— Notice of Last Chance (“Notice of Disciplinary Action”), detailing numerous alleged instances of poor job performance and falsified time cards. The Notice of Disciplinary Action advised Nix that Parsons was placing her on probationary status for one year and that she was, and would remain, an at-will employee during her probation. The Notice of Disciplinary Action further informed Nix that if she failed to meet the goals set forth in the notice or failed to show improvement in her progress reports, she would be subject to termination at any time during the probation.

On April 30, 2012, Parsons gave Nix a Notice of Termination, which terminated Nix’s employment with Elmore County. At that time, Parsons reminded Nix that she was an at-will employee subject to termination with or without cause at any time during her probation period. The Notice of Termination explained that Nix’s termination was due to continuing problems with her job performance. Furthermore, the Notice of Termination informed Nix that she could meet with the Elmore County Board of Commissioners (the “BOCC”) if she felt her termination was based on unlawful discrimination, but noted that the BOCC would not consider any other issues pertaining to her termination.

Nix subsequently requested a hearing before the BOCC. Elmore County then sent Nix a Notice of Hearing, which stated, in relevant part: “Please be advised that you were an at-will employee, and as such are not entitled to a hearing regarding the reasons for your termination. The Board will not discuss performance-related issues.”

Shortly thereafter, Elmore County’s prosecuting attorney sent Nix a letter stating that [313]*313Nix was an at-will employee on probation when she was terminated, and was therefore subject to termination at any time without a pre-termination hearing. The letter reiterated to Nix that her June 2012 hearing in front of the BOCC would only allow her to present discrimination claims she had against the County. It stated that the BOCC would not entertain any legal authority in support of her request for an evidentiary hearing.

Nonetheless, at the June 2012 discrimination hearing, Nix requested the BOCC consider conducting a hearing so she could contest performance-related matters and present her ease as to why she should not be terminated. On June 18, 2012, the BOCC issued its written decision confirming Nix’s termination and denying her request for a hearing.1 The BOCC reasoned that probationary employees are at-will employees and are not entitled to pre-termination hearings.

On December 11, 2012, Nix filed a complaint against Elmore County alleging, among other claims, that Elmore County: (1) violated the covenant of good faith and fair dealing when it terminated Nix’s employment without providing her a pre-termination hearing; and (2) terminated Nix in violation of her “for cause” employment status under the ECPP.

Nix moved for partial summary judgment on January 23, 2013. On April 16, 2013, the district court issued a memorandum decision and order denying that motion. The district court concluded that Nix was an at-will employee and therefore subject to immediate termination at any time. The court reasoned that Nix was not entitled to a pre-termination hearing because she failed to establish an employment contract limiting the reasons for which Elmore County could terminate her employment. The district court also noted that “[t]he existence of a grievance procedure in an employee policy manual is insufficient to overcome the presumption of employment at-will and create an issue of fact for trial.” Nix then moved the court for permission to appeal that decision and for a Rule 54(b) certification. The district court denied both motions.

On June 25, 2013, Elmore County moved for summary judgment based on the district court’s April 16, 2013 decision that Nix: (1) was an at-will employee subject to immediate termination and not entitled to a pre-termination hearing; and (2) failed to set forth any genuine issue of material fact as to the status of her employment and her claims. The district court granted Elmore County’s summary judgment motion on September 23, 2013, adopting the legal analysis it gave in its April 16, 2013 decision denying Nix’s partial summary judgment motion. Nix timely appealed.

II. ISSUES ON APPEAL

1. Whether the district court erred when it granted summary judgment on Nix’s breach of employment contract claim.
2. Whether the district court erred when it granted summary judgment Nix’s breach of implied covenant of good faith and fair dealing claim.
3. Whether Nix’s supervisor acted outside of his authority under the ECPP.
4. Whether either party is entitled to attorney fees on appeal.

III. STANDARD OF REVIEW

On appeal from the grant of a summary judgment motion, this Court applies the same standards the district court used. Mackay v. Four Rivers Packing Co., 145 Idaho 408, 410, 179 P.3d 1064, 1066 (2008). Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, [314]*314show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” I.R.C.P. 56(e). All reasonable inferences that can be drawn from the record are to be drawn in favor of the nonmoving party, and disputed facts are liberally construed in the nonmoving party’s favor.

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Bluebook (online)
346 P.3d 1045, 158 Idaho 310, 2015 Ida. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cherri-lynn-nix-v-elmore-county-idaho-2015.