Semerau v. Village of Schiller Park

569 N.E.2d 183, 210 Ill. App. 3d 493, 155 Ill. Dec. 183, 6 I.E.R. Cas. (BNA) 405, 1991 Ill. App. LEXIS 309
CourtAppellate Court of Illinois
DecidedMarch 7, 1991
Docket1-90-0430
StatusPublished
Cited by7 cases

This text of 569 N.E.2d 183 (Semerau v. Village of Schiller Park) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Semerau v. Village of Schiller Park, 569 N.E.2d 183, 210 Ill. App. 3d 493, 155 Ill. Dec. 183, 6 I.E.R. Cas. (BNA) 405, 1991 Ill. App. LEXIS 309 (Ill. Ct. App. 1991).

Opinion

JUSTICE McMORROW

delivered the opinion of the court:

Plaintiff Sheri Semerau appeals from the trial court’s affirmance of the decision of Village of Schiller Park (the Village) and the Village’s director of emergency medical services, Daniel R. Sliwicki (hereinafter collectively referred to as defendants), to terminate plaintiff’s employment as an emergency medical technician for the Village. On appeal, we conclude that the Village’s personnel policy manual did not constitute a contract of. employment. As a result, we determine that the defendants’ discharge of plaintiff was lawful, without regard to whether the defendants’ perceived basis for said discharge was supported by the weight of the evidence. Based upon these considerations, we affirm the trial court’s judgment.

The defendants terminated plaintiff’s employment on September 14, 1988, because of certain improper actions allegedly undertaken by plaintiff during an emergency medical ambulance call in which plaintiff participated on July 28, 1988. Plaintiff demanded a hearing before the Village board of trustees regarding her discharge, which was held in December 1988 and January 1989. Following this evidentiary hearing, the board determined that plaintiff’s employment was properly terminated because of her alleged failure to administer the proper dosage of a drug to the patient for whom the ambulance service had been provided.

Plaintiff filed an action for administrative review and requested a declaratory judgment that her employment had been terminated in violation of a contract of employment allegedly contained in the Village’s personnel policy manual. The trial court entered summary judgment in defendants’ favor with respect to plaintiff’s claims. The court determined that the decision to terminate plaintiff’s employment was supported by the manifest weight of the evidence presented at the evidentiary hearing. The court- also concluded that the Village’s personnel policy manual did not amount to a binding contract of employment. Plaintiff appeals.

The personnel policy manual in effect since May 1988, which plaintiff had received, read, and acknowledged, provided in pertinent part as follows. On the first page of the document, under a heading titled “Introduction,” the manual stated that it had three purposes: (1) to establish uniform personnel procedures; (2) to provide a clear outline of the responsibilities of those administering personnel policies; and (3) to provide employees with a complete version of personnel policies and their “rights and responsibilities” as Village employees. The manual then stated, “This is an information book, it is not intended to be a contract between employees and the Village. The Village policies can be changed by the President and Board, from time to time as is necessary and required by changes in Village Rules, Regulations and Laws.”

Following these introductory statements, the manual set forth the organization of the village government, requirements for employment, conditions of probation and promotions, and employee benefits such as salary, paid holiday and vacation time, and medical/life insurance. With respect to standards of conduct for employees, the manual stated that the “tenure of every employee shall be contingent upon acceptable conduct and satisfactory performance of duties.” The manual provided that “[fjailure to meet minimum standards of conduct and work performance for any of the following listed reasons, such list is not to be considered all inclusive, shall be sufficient to dismiss an employee.” After specifying reasons for dismissal, the manual then stated, with respect to “General Types of Disciplinary Action for Cause,” that disciplinary action “may include” suspension without pay, dismissal, demotion, oral or written reprimand, involuntary transfer, or reduction in compensation. The manual further provided that “[disciplinary action should generally be progressive in severity and in relation to the behavior itself, the length of the employee’s tenure and his work history.”

Plaintiff contends that the terms of the personnel policy manual created a contract of employment whereby she could only be discharged “for cause.” We disagree.

The presumption that an employment relationship is at will, and may therefore be terminated at any time without cause, may be overcome where the parties have entered into a contract setting forth the conditions that limit the circumstances under which an employee may be discharged. (Duldulao v. Saint Mary of Nazareth Hospital Center (1987), 115 Ill. 2d 482, 505 N.E.2d 314.) Whether an employee personnel manual amounts to a contract of employment is determined according to the traditional requirements for contract formation, with particular attention to three factors: (1) whether the language of the manual contains “ ‘a promise clear enough that an employee would reasonably believe that an offer has been made’ (2) whether the manual was “ ‘disseminated to the employee in such a manner that the employee is aware of its contents and reasonably believes it to be an offer’ and (3) whether the employee has accepted the offer “ ‘by commencing or continuing to work after learning of the’ ” manual. Mitchell v. Jewel Food Stores (1990), 142 Ill. 2d 152, 161, quoting Duldulao, 115 Ill. 2d at 490.

We conclude that the personnel policy manual in the instant cause did not contain language that could be reasonably construed as an offer of employment terminable only “for cause.” Illinois courts have repeatedly recognized that a personnel manual is not reasonably interpreted as an offer of employment when the manual contains language that disclaims the creation of a contract of employment. See Robinson v. Christopher Greater Area Rural Health Planning Corp. (1991), 207 Ill. App. 3d 1030; Habighurst v. Edlong Corp. (1991), 209 Ill. App. 3d 426; Anders v. Mobil Chemical Co. (1990), 201 Ill. App. 3d 1088, 559 N.E.2d 1119; Rudd v. Danville Metal Stamping Co. (1990), 193 Ill. App. 3d 1009, 550 N.E.2d 674; Hogge v. Champion Laboratories, Inc. (1989), 190 Ill. App. 3d 620, 546 N.E.2d 1025; Bennett v. Evanston Hospital (1989), 184 Ill. App. 3d 1030, 540 N.E.2d 979; Moore v. Illinois Bell Telephone Co. (1987), 155 Ill. App. 3d 781, 508 N.E.2d 519; see also Fumarolo v. Chicago Board of Education (1990), 142 Ill. 2d 54, 102-03.

In the case at bar, the personnel policy manual specifically stated, “This is an information book, it is not intended to be a contract between employees and the Village.” This sentence plainly appeared in the first section of the manual. By its explicit terms, the sentence amounted to a clear and unambiguous statement by the Village that the manual did not create an employment contract between the Village and its employees, and that the Village did not intend to be bound by the policies and procedures contained in the manual.

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Bluebook (online)
569 N.E.2d 183, 210 Ill. App. 3d 493, 155 Ill. Dec. 183, 6 I.E.R. Cas. (BNA) 405, 1991 Ill. App. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/semerau-v-village-of-schiller-park-illappct-1991.