Loya v. Wyoming Partners of Jackson Hole, Inc.

2001 WY 124, 35 P.3d 1246, 2001 Wyo. LEXIS 150, 146 Lab. Cas. (CCH) 59,585
CourtWyoming Supreme Court
DecidedDecember 10, 2001
Docket00-165
StatusPublished
Cited by9 cases

This text of 2001 WY 124 (Loya v. Wyoming Partners of Jackson Hole, Inc.) 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
Loya v. Wyoming Partners of Jackson Hole, Inc., 2001 WY 124, 35 P.3d 1246, 2001 Wyo. LEXIS 150, 146 Lab. Cas. (CCH) 59,585 (Wyo. 2001).

Opinion

HILL, Justice.

[T1] Appellant, Richard Loya (Loya), challenges the district court's order granting summary judgment in favor of Appellees, Wyoming Partners of Jackson Hole, Inc., and Gary Schuler (collectively Schuler). Loya asserts that the district court improperly granted summary judgment on his complaint alleging wrongful discharge and breach of contract, intentional infliction of emotional distress, violation of the covenant of good faith and fair dealing, which is implied in all contracts, and application of the doctrine of promissory estoppel. Schuler maintained that the governing contract was unambiguous, that Loya was an at-will employee, that he did not fire Loya, and that Loya did not allege a viable claim of intentional infliction of emotional distress. We will hold that there are genuine issues of fact as to all matters resolved by the summary judgment order. Consequently, we will reverse and remand for further proceedings.

ISSUES

[Richard LOYA, Appellant (Plaintiff), v. WYOMING PARTNERS OF JACKSON HOLE, INC., a Wyoming corporation, d/b/a Jackson Sign Co., and Gary Schuler, a married man, Appellees (Defendants).2] Loya presents this statement of the issues:

I. Whether the district court improperly decided disputed issue[s] of material fact when it granted summary judgment in favor of defendants [Schuler]?
II. Whether the district court erred when it found that there was no intentional infliction of emotional distress in this case?
III. Whether the district court ignored competent evidence of a special relationship?
IV. Whether the district court erred when it granted summary judgment on Loya's claim for promissory estoppel?

Schuler counters with this statement of the issues presented on appeal:

*1249 I. The court did not improperly decide disputed issues of material fact.
II. Mr. Loya was an at-will employee as a matter of law.
III. There was no intentional infliction of emotional distress.
IV. There was no evidence of a special relationship.
V. The court properly granted summary judgment on the promissory estoppel claim.

FACTS

[¶13] After some preliminary negotiations, Loya asserted that on August 28, 1995, he and Schuler mutually agreed that Loya would be hired as the manager of Jackson Sign Co., which was owned by Schuler. On that date, Schuler posted the following - letter to Loya:

Dear Rick,
We are pleased to offer you the position of Manager of Jackson Sign Co. in Jackson Hole, Wyoming to start no later than October 2, 1995.
Compensation will be at $35,000 per an-num with an annual performance review. Good reviews will result in annual increases in salary. You will be paid weekly until January 1, 1996. As of the new year all employees will be paid on a bi-monthly basis on the Ist and the 15th of each month.
In addition you will be put on an incentive plan based on the profits of the business pre-tax. This plan could pay up to $10,000 annually, but will probably average $5,000-$8,000.
You and your family will receive medical insurance coverage through Jackson Sign Co. We need to work together to insure no interruption of medical coverage as you transition between jobs.
We will also pay for your relocation to Wyoming from Vermont. We need to work together on this to make the relocation as practical and low cost as possible. You will need to gather for us two moving estimates, one of which would be the cost of a do-it-yourself or U-Haul type situation. We shall choose between the estimates you send us. (In the event that after 1 full year of employment at Jackson Sign Co. things are not satisfactory for you we will pay the cost of relocating you back to Vermont if you choose to do so.)
For your first year here in Jackson we offer to include one season ski pass available to you.
A standard noncompete document will be prepared by us and ready for your signature in the next week or so.
You will be entitled to two weeks vacation annually based on your actual start date. Also the following Holidays are currently observed by Jackson Sign: New Year's Day, Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving, and Christmas Day.
On the personal side, we understand the seriousness and critical nature of you mother's illness. We are prepared to stand behind our offer to you to make arrangements for flights back East as the situation dictates in regard to her health. Regarding the question of employment for your wife: while we cannot "guarantee" things that are ultimately beyond our immediate control, based on the job market in the Jackson Hole area we will give our best efforts to help her secure employment in the $16,000-$18,000 plus range. As you know conversations with people in her areas of interest confirm this as a realistic projection of her ability to generate income in this market.
We are very happy that you and your family have decided to come to Jackson Hole and we look forward to seeing you about October lst.
Best regards,
(s) Gary & Beth)
Gary and Beth Schuler
Jackson Sign Co.

[¶4] Schuler was a very experienced corporate executive who had worked for, managed, or served as CEO for many large corporations that ranged in value from $.5 billion to $2.5 billion. Loya was a sign maker. We view these facts as pertinent to the overall resolution of this case, but they are *1250 especially pertinent to the consideration of the non-competition agreement that Loya was contractually required to sign upon the outset of his employment by Schuler:

NON-COMPETITION AGREEMENT
This agreement is entered into as of October 6, 1995, between Rick Loya ("Employ-ece") and Wyoming Partners of Jackson Hole, Inc. ("Employer").
As an express inducement for and condition of Employer's entering into an employment agreement with Employee, Employee hereby agrees to enter into this Non-Competition Agreement as follows:
RECITALS
1. Employer owns and operates the business of Jackson Signs in the geographic area set forth herein, and beyond.
2. Employer, as additional consideration for and a term of this Agreement, will provide training, design information and techniques, customer contacts and company goodwill for Employee's use and development.
3. The parties agree that for purposes of this Agreement the term "sign" shall mean:

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Bluebook (online)
2001 WY 124, 35 P.3d 1246, 2001 Wyo. LEXIS 150, 146 Lab. Cas. (CCH) 59,585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loya-v-wyoming-partners-of-jackson-hole-inc-wyo-2001.