Garcia v. UniWyo Federal Credit Union

920 P.2d 642, 11 I.E.R. Cas. (BNA) 1550, 1996 Wyo. LEXIS 92, 1996 WL 346869
CourtWyoming Supreme Court
DecidedJune 25, 1996
Docket95-86
StatusPublished
Cited by28 cases

This text of 920 P.2d 642 (Garcia v. UniWyo Federal Credit Union) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garcia v. UniWyo Federal Credit Union, 920 P.2d 642, 11 I.E.R. Cas. (BNA) 1550, 1996 Wyo. LEXIS 92, 1996 WL 346869 (Wyo. 1996).

Opinions

TAYLOR, Justice.

Linda Garcia was employed by UniWyo Federal Credit Union for just over six months before being terminated without expression of cause. Asserting a variety of bases, Garcia sued UniWyo for damages stemming from her termination. Concluding that there is no genuine issue of material fact with respect to Garcia being an at will employee, we affirm the district court’s entry of summary judgment for UniWyo.

I.ISSUES

Appellant, Linda Garcia (Garcia), consolidates various arguments in her statement of a single issue:

Are there genuine issues of material fact which preclude summary judgment in favor of the appellee on appellant’s claims for breach of implied employment contract, breach of implied covenant of good faith and fair dealing, and promissory estoppel?

Appellee, UniWyo Federal Credit Union (UniWyo), states the issues:

I. Was appellant an at will employee, subject to discharge at any time for any reason?
II. Is the at will presumption eliminated for all employees if the employer assigns its manager the responsibility, among others, to discharge employees for cause?
III. Can a new employee create a Wilder special relationship by performing a pre-existing duty as “separate consideration”?
IV. Can an employee impose a promissory estoppel obligation on the employer merely by reporting “concerns” about “management style”?

II.FACTS

Garcia was hired by UniWyo to manage its loan department without any express contract of employment. UniWyo’s President, Karen Stapp (Stapp), hired and supervised Garcia.

During Garcia’s employment with UniWyo, an incomplete collection of general “Personnel Policies” existed which were adopted piecemeal between August of 1982 and March of 1993. The personnel policies vest broad discretionary powers in a “Manager,” a reference to UniWyo’s President.

UniWyo’s Personnel Policy P-3, adopted August 20, 1987, reads, in pertinent part:

The Manager is responsible for hiring employees, prescribing their duties and work horns, fixing wages, approving leavé, suspending, demoting or discharging for cause all within limitations prescribed by the Board of Directors.
⅜ ⅜ ⅜ ⅝ ⅜ ⅜:
All new employees shall be on a 6-month probationary status. During this period, the employee shall be informed of his/her progress.

UniWyo’s Personnel Policy P-3 also classifies UniWyo employees as permanent full-time, permanent part-time, and temporary.

Six months and- a few days after being hired, Garcia was terminated without expression of cause. Garcia filed suit, and the district court granted summary judgment in favor of UniWyo, concluding Garcia had no legitimate expectation of anything other than at will employment.

III.STANDARD OF REVIEW

Where no material facts are at issue, summary judgment is a desirable means of expeditiously confronting underlying questions of law. Verschoor v. Mountain West Farm Bureau Mut. Ins. Co., 907 P.2d 1293, 1297 (Wyo.1995). If issues of material fact persist, summary judgment is improper. Hanna v. Cloud 9, Inc., 889 P.2d 529, 532 (Wyo.1995). A fact is material if its proof tends to establish or refute any element of a cause of action or an asserted defense. Wil[645]*645der v. Cody Country Chamber of Commerce, 868 P.2d 211, 216 (Wyo.1994).

Appellate scrutiny of summary judgments entails a de novo review of the same materials available to the district court, affording that court’s findings no particular deference. Daily v. Bone, 906 P.2d 1039, 1042 (Wyo.1995). Every indulgence is reserved for the party opposing summary judgment, granting that party’s position all favorable inferences fairly to be drawn from the record. Tidwell v. HOM, Inc., 896 P.2d 1322, 1325 (Wyo.1995).

Establishment of a prima facie case for summary judgment obliges the party resisting to marshall admissible evidence, rather than general or conclusory allegations, manifesting existence of issues of fact. Hanna, 889 P.2d at 534. The bare assertion that questions of fact remain, absent evidentiary support; will not deflect a prima facie case for summary judgment. Verschoor, 907 P.2d at 1297.

IV. DISCUSSION

A. Implied in Fact ContRact

Garcia claims that UniWyo’s Personnel Policy P-3, by distinguishing probationary from permanent employees and giving the Manager responsibility for “discharging [employees] for cause[,]” afforded her a legitimate expectation of permanent employment from which she might only be discharged for cause. At the very least, Garcia argues that the personnel policy constituted an ambiguous contract. Such ambiguity, she contends, makes interpretation of the contract a mixed question of fact and law, leaving the case inappropriate for summaiy judgment.

Employment contracts are presumed to be at will in Wyoming and, absent more, discharge may occur without cause. Alexander v. Phillips Oil Co., 707 P.2d 1385, 1386 (Wyo.1985) (quoting Siebken v. Town of Wheatland, 700 P.2d 1236, 1237 (Wyo.1985)). However, personnel policies or an employee handbook may rebut that presumption, giving employees contractual rights founded upon consideration flowing to the employer in the form of a more orderly, cooperative and loyal work force. Leithead v. American Colloid Co., 721 P.2d 1059, 1062-63 (Wyo.1986) (citing Mobil Coal Producing, Inc. v. Parks, 704 P.2d 702, 707 (Wyo.1985)).

Recognition of such implied in fact contracts of employment occasions no need for departure from our usual rules of contract interpretation. McDonald v. Mobil Coal Producing, Inc., 820 P.2d 986, 988 (Wyo.1991) (McDonald II). Summary judgment remains appropriate when the contract in question is unambiguous. Martin v. Farmers Ins. Exchange, 894 P.2d 618, 620 (Wyo.1995).

Whether a contract is ambiguous constitutes a question of law. Prudential Preferred Properties v. J and J Ventures, Inc., 859 P.2d 1267, 1271 (Wyo.1993). Absent ambiguity, interpretation of implied in fact contracts is a question of law. Feather v. State Farm Fire and Cos., 872 P.2d 1177, 1180 (Wyo.1994).

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Bluebook (online)
920 P.2d 642, 11 I.E.R. Cas. (BNA) 1550, 1996 Wyo. LEXIS 92, 1996 WL 346869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-uniwyo-federal-credit-union-wyo-1996.