Roberson v. Wal-Mart Stores, Inc.

44 P.3d 164, 202 Ariz. 286, 372 Ariz. Adv. Rep. 8, 18 I.E.R. Cas. (BNA) 1196, 2002 Ariz. App. LEXIS 56
CourtCourt of Appeals of Arizona
DecidedApril 23, 2002
Docket1 CA-CV 00-0555
StatusPublished
Cited by16 cases

This text of 44 P.3d 164 (Roberson v. Wal-Mart Stores, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberson v. Wal-Mart Stores, Inc., 44 P.3d 164, 202 Ariz. 286, 372 Ariz. Adv. Rep. 8, 18 I.E.R. Cas. (BNA) 1196, 2002 Ariz. App. LEXIS 56 (Ark. Ct. App. 2002).

Opinions

OPINION

HALL, Judge.

¶ 1 Appellants Wal-Mart Stores, Inc. (“Wal-Mart”) and Richard C. Wong (“Wong”)1 appeal from a jury verdict and judgment that Wal-Mart breached an implied contract when it terminated the employment of appellee Jerry Roberson (“Roberson”). We conclude that, as a matter of law, Roberson was an “at-will” employee and that the trial court therefore erred in denying Wal-Mart’s motions for judgment as a matter of law (“JMOL”). Accordingly, we reverse.2

FACTS AND PROCEDURAL HISTORY

¶ 2 On appeal from the denial of a motion for JMOL, “we view the evidence and all reasonable inferences in the light most favorable to the nonmoving party.” Murcott v. Best Western Int’l, Inc., 198 Ariz. 349, 356, ¶ 36, 9 P.3d 1088, 1095 (App.2000).

¶ 3 Roberson was first employed by WalMart as a pharmacist-in-charge (pharmacy department manager) in October 1990 at its store in Claypool, Arizona. In 1991, he transferred to Wal-Mart’s Apache Junction store, maintaining the pharmacist-in-charge position. He worked at the Apache Junction store until his termination on January 26, 1993.

¶4 As part of the employment process, Roberson signed an employment application that provided in relevant part:

I understand that this is not a contract for employment and that, even if employed, I will remain terminable-at-will and free to resign at any time I wish.

and

I ... understand that if hired I will be a “terminable-at-will” employee, and that my employment and compensation can be terminated with or without cause and with or without notice, at any time, at the option of either the company or myself. I further understand that no personnel recruiter or interviewer or other representative of the company other than the President of WalMart Stores, Inc., or Vice President of Personnel has any authority to enter into any agreement for employment for any specified period of time.

¶ 5 Wal-Mart provided Roberson with a copy of the employee handbook given to all new employees, which he acknowledged reading. The first page of the handbook contained the following reservation:

The Company reserves the right to terminate any associate’s employment at WalMart’s discretion. Furthermore, nothing stated in this handbook or by any member of management is intended to create any guarantees of any certain disciplinary procedures. ... Likewise, since you are not under contract, you are free to resign from the Company at any time.

(Emphasis supplied.) The handbook also contained the following disclaimers:

[289]*289We do not work under contracts at WalMart. Employment depends on performance and the Company’s needs---- If management determines a working relationship should be dissolved, it may be done totally at Wal-Mart’s discretion. Likewise, you are not under contract and may resign from the Company at any time.
The Associate Handbook is not intended to create any contractual right in favor of you or the Company. The Company reserves the right to change any section of the Associate Handbook at any time.

¶ 6 The handbook also stated:

We strongly believe our associates do not need to be represented by a labor union, nor does the Company need unions to tell us how to run our business or handle our own personnel relations. We strongly believe:
“THERE IS SIMPLY NO NEED FOR A UNION AT WAL-MART”
At Wal-Mart, your manager or supervisor is your COACH. He or she is expected to help you learn how to do your job and to help you solve any problems which make it difficult to do your job. Your management team will work with you.

¶ 7 Because Roberson was the manager of the pharmacy department Wal-Mart also provided him with a Pharmacy Division Operations Manual. Portions relevant to the employer-employee relationship are:

UNION POLICY
Wal-Mart strongly believes its associates do not need to be represented by a labor union, nor does the Company need unions to tell us how to run our business, or handle our own personnel relations.
❖ * * *
“There is simply no need for a union at Wal-Mart.”
HIRING AND TERMINATION OF ASSOCIATES
All hiring and terminations will be done according to the guidelines, policies and procedures set down by the Wal-Mart Personnel Department.
The hiring and termination of Pharmacy hourly associates will be the responsibility of the Pharmacy Manager. Proper disciplinary guidelines should be followed (See Positive Discipline).

¶ 8 Beginning in April 1992, Roberson participated in Wal-Mart’s Pharmacy Manager’s Bonus Plan, which enabled pharmacy managers to earn a yearly bonus payment based on the profitability of their stores. Paragraph 9 of the copy of the Bonus Plan signed by Roberson on April 5,1992, provides:

This plan is not to be construed as a guarantee of employment for any specific period of time or any specific type of work but is presented to you to explain how your compensation will be calculated. This is not a contract and your employment with the Company is terminable-at-will by either you or the Company at any time.

¶ 9 Throughout Roberson’s employment there, Wal-Mart used “Performance Coaching”3 to improve associate behavior. The Wal-Mart Store Manual used in management training, instructed managers that:

Performance Coaching is a process to help associates correct and modify their behavior so they can continue their employment with us. Its purpose is to build better associates through feedback and coaching. Disciplinary actions must be applied in a fair, timely and consistent manner to be effective and to comply with the necessary legal requirements. Performance Coaching applies to Management associates as well as hourly associates. All management associates must be very familiar with this procedure, so that it may be properly applied.

Performance Coaching consists of four progressive steps: 1. coach and counsel, 2. verbal reminder, 3. written reminder, and 4. decision-making day. When an associate does not correct his or her behavior after [290]*290coaching, verbal and written reminders, then a decision-making day is used. A decision-making day is when the associate takes the next scheduled work day off with pay “to give the associate one more chance to determine if he/she wants to work for Wal-Mart.” If an associate refuses to sign the written reminder form, then the supervisor should “[h]ave the associate go immediately on a Decision Making Day.”

¶ 10 On January 25, 1993, Roberson argued loudly with an assistant store manager in front of customers over the amount of a coupon to give a customer who received a misfilled prescription. The next day, Wong met with Roberson to “coach” him concerning the incident pursuant to Wal-Mart’s Performance Coaching process. Wong had prepared in advance a written plan for improvement that he asked Roberson to sign.

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Roberson v. Wal-Mart Stores, Inc.
44 P.3d 164 (Court of Appeals of Arizona, 2002)

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Bluebook (online)
44 P.3d 164, 202 Ariz. 286, 372 Ariz. Adv. Rep. 8, 18 I.E.R. Cas. (BNA) 1196, 2002 Ariz. App. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberson-v-wal-mart-stores-inc-arizctapp-2002.