Kiel v. Circuit Design Technology, Inc.

562 N.E.2d 517, 55 Ohio App. 3d 63, 1988 Ohio App. LEXIS 4240
CourtOhio Court of Appeals
DecidedOctober 31, 1988
Docket54481
StatusPublished
Cited by15 cases

This text of 562 N.E.2d 517 (Kiel v. Circuit Design Technology, Inc.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kiel v. Circuit Design Technology, Inc., 562 N.E.2d 517, 55 Ohio App. 3d 63, 1988 Ohio App. LEXIS 4240 (Ohio Ct. App. 1988).

Opinion

Dyke, J.

Plaintiff-appellant Dennis Kiel appeals the trial court’s decision granting defendant-appellee Circuit Design’s motion for summary judgment.

On March 28, 1984, appellant was hired by the appellee to work in the electroless plating department. The appellee manufactured printed circuit boards for the electronics industry. As an electroless plater, it was appellant’s job to immerse the circuit boards into tanks of various chemicals. This immersion process resulted in the escape of chemical fumes into the air.

Appellant worked without incident at this process for twenty-one months. However, on December 17, 1985 appellant was stricken with severe chest pains and breathing difficulties. Appellant was taken to the hospital where his condition improved with the administration of oxygen. Appellant was advised that his illness was related to the chemical vapors he had inhaled. On January 7, 1986, appellant went back to work with a limitation that he not be exposed to the chemical fumes. Ap-pellee’s management informed appellant that it did not have an alternate position available and gave appellant the option of being laid off. After six months, appellant requested his physician to provide a work release without limitation. Appellant was provided with a certificate which indicated that he could return to work without limita *64 tion. On July 7, 1986, appellant returned to work as a floater and as such was not required to work near the heated chemical tanks. Appellant was soon reassigned to the plating department. After working in that department for a few weeks, appellant, in obvious fear for his health, reported to management that he no longer wanted to work in that particular department. The appellant was told by the personnel manager and the plant manager that no other position, besides that for which he had initially been hired, was available. Both managers informed appellant that he could either continue in the electroless plating department or quit his job. Appellant stated that his health came first and immediately quit.

Appellant in his complaint stated that appellee, when it terminated his employment, breached the express and implied provisions of its employment contract manual. The appellee moved for summary judgment, alleging that the appellant was an employee at will, and that he was therefore subject to termination with or without just cause. Attached to appellee’s motion for summary judgment, among other things, were affidavits of James Zimmer, ap-pellee’s personnel manager, and Ronald Shavel, supervisor of the Plating Department. Both individuals stated that appellant, given the option of continuing as an electroless plater or quitting immediately, chose to terminate his employment. Also attached to the summary judgment motion was a disclaimer signed by appellant and dated seven months after his employment began. The disclaimer stated:

“I hereby acknowledge receipt of ' my personal copy of the Circuit Design Technology, Inc. Employee Handbook and Work Rules. I understand that it is my personal responsibility to read and become familiar with the content of the handbook arid to comply with the policies and rules set forth in the handbook.

“7 understand that the policies and rules contained in the handbook are subject to change from time to time at the discretion of management and that the handbook is not intended to be or deemed to constitute an employment contract.

“At any time I may become separated from Circuit Design Technology, Inc. this handbook will be returned to the personnel office before my final check will be mailed to my home address.” (Emphasis added.)

The appellant opposed the motion and attached as evidence his own affidavit in which he admitted that he was given the choice of continuing as a plater or leaving and that he stated in response, “My health comes first. Terminate me.” Also attached to appellant’s response was the affidavit of Alex Neer, a lab technician with Circuit Design, which stated that there were ventilation problems in the area where appellant worked and that appellant in that position was exposed to chemical fumes. An affidavit of the appellant’s physician was attached regarding the appellant’s second hospital stay. 1

Appellant was hospitalized September 18, 1986, after leaving ap-pellee’s employ.

The trial court granted appellee’s motion for summary judgment. Appellant appeals and assigns one error for review:

“The trial court erred in granting summary, judgment. ”

*65 Civ. R. 56(C) sets forth the standard of review in determining whether summary judgment should be granted. In Norris v. Ohio Standard Oil Co. (1982), 70 Ohio St. 2d 1, 2, 24 O.O. 3d 1, 2, 433 N.E. 2d 615, 616, the Supreme Court discussed the purpose of Civ. R. 56:

“ ‘Summary judgment is a procedural device to terminate litigation and to avoid a formal trial where there is nothing to try. It must be awarded with caution, resolving doubts and construing evidence against the moving party, and granted only when it appears from the evidentiary material that reasonable minds can reach only an adverse conclusion as to the party opposing the motion. * * *’ ” (Emphasis added).

Appellant argues that issues of material fact exist regarding whether he quit or was forced to resign, whether he was an employee at will or an employee with contractual rights, and whether the disclaimer was valid.

The threshold question of fact is the identification of the type of employment contemplated between appellant and appellee.

It is well established that Ohio adheres to the employment-at-will doctrine. Phung v. Waste Management, Inc. (1986), 23 Ohio St. 3d 100, 23 OBR 260, 491 N.E. 2d 1114. In Mers v. Dispatch Printing Co. (1985), 19 Ohio St. 3d 100, 19 OBR 261, 483 N.E. 2d 150, the court set forth the employment-at-will doctrine as follows: “Unless otherwise agreed, either party [employer or employee] * * * may terminate the employment relationship for any reason which is not contrary to law.” Id. at paragraph one of the syllabus. In Henkel v. Educational Research Council of America (1976), 45 Ohio St. 2d 249, 74 O.O. 2d 415, 344 N.E. 2d 118, the court explained the employment-at-will doctrine:

“ ‘* * * Although not absolute, the above stated rule appears to be in the nature of a strong presumption in favor of a contract terminable at will unless the terms of the contract or other circumstances clearly manifest the parties’ intent to bind each other. The presumption is grounded on a policy that it would otherwise be unreasonable for a man to bind himself permanently to a position, thus eliminating the possibility of later improving that position. Moreover, a contract of permanent employment is by its very nature indefinite, and thus any effort to interpret the duration of the contract and assess the amount of damages becomes difficult. * * *’ ” (Emphasis added.) Id. at 255, 74 O.O. 2d at 418, 344 N.E. 2d at 122.

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Bluebook (online)
562 N.E.2d 517, 55 Ohio App. 3d 63, 1988 Ohio App. LEXIS 4240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kiel-v-circuit-design-technology-inc-ohioctapp-1988.