Spann v. Springfield Clinic

577 N.E.2d 488, 217 Ill. App. 3d 419, 160 Ill. Dec. 358, 1991 Ill. App. LEXIS 1325
CourtAppellate Court of Illinois
DecidedAugust 6, 1991
Docket4-91-0121
StatusPublished
Cited by10 cases

This text of 577 N.E.2d 488 (Spann v. Springfield Clinic) 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
Spann v. Springfield Clinic, 577 N.E.2d 488, 217 Ill. App. 3d 419, 160 Ill. Dec. 358, 1991 Ill. App. LEXIS 1325 (Ill. Ct. App. 1991).

Opinion

JUSTICE GREEN

delivered the opinion of the court:

On May 22, 1990, plaintiff Donna Spann filed a complaint in the circuit court of Sangamon County against defendant Springfield Clinic, a partnership, contending defendant improperly discharged her from her employment with defendant. She sought reinstatement and money damages. On December 6, 1990, plaintiff filed an amended three-count complaint against defendant. Count I alleged defendant had terminated plaintiff’s employment without affording her grievance-procedure rights provided for in an employees’ handbook. Count II alleged defendant breached a duty of good faith owed plaintiff pursuant to the employment contract between the parties. Count III contended defendant inflicted intentional emotional harm on plaintiff. On January 7, 1991, defendant filed a motion pursuant to section 2— 619(a)(9) of the Code of Civil Procedure (Ill. Rev. Stat. 1989, ch. 110, par. 2 — 619(a)(9)) maintaining a disclaimer provision in the handbook negated any right of plaintiff to a grievance procedure and that counts' II and III did not set forth causes of action. On January 22, 1991, the circuit court allowed defendant’s motion dismissing the cause with prejudice.

On appeal, we need not consider the propriety of the dismissal of the count alleging intentional infliction of emotional injuries, as plaintiff has cited no error in that regard. The substance of her argument on appeal is that the law should allow redress for a faithful at-will employee who, as she alleges, is discharged with no reason given and apparently because of mistake. She contends this is particularly true when the employee has also been given a handbook defining employee rights to a grievance procedure which was not followed. However, we hold that neither statutory law nor judicial precedent has extended the rights of an at-will employee as plaintiff asserts, and the employee handbook set forth by the pleadings makes clear no grievance rights were granted to plaintiff by that handbook. Accordingly, we affirm.

Plaintiff’s amended complaint alleged a great deal of factual information and attached to it were various documents and affidavits. The common substance of counts I and II were allegations that (1) plaintiff was hired on July 29, 1985, and had served as a faithful employee with good evaluations until March 28, 1990, when she was called into conference with defendant’s administrator and co-employee Jackie Wolf; (2) those employees were then informed of a letter by Julie Smith asserting that the confidentiality concerning her pregnancy had been violated by someone; (3) Wolf admitted she had revealed the information to plaintiff and others; (4) plaintiff had told Smith of Wolf’s telling others of Smith’s pregnancy and Smith had written to the administrator telling him that Wolf had told plaintiff she had obtained confidential information from clinic files concerning Smith’s pregnancy; (5) a counseling memorandum had stated a determination had been made that plaintiff saw Smith getting a sonogram and began seeking to find out why from confidential information; (6) the foregoing matter in the memo was untrue; and (7) plaintiff was fired and was told she was fired for teasing someone.

Both counts also stated (1) before discharge, plaintiff had no benefit of the “Formal Problem Solving Clearance Procedure” set forth in the handbook; (2) plaintiff signed an acknowledgment of receipt of the handbook but did not understand she could be fired for allegations which were untrue; and (3) defendant violated the terms of the handbook. Count II also asserted (1) defendant had a duty of using good faith in the investigation and determination of the charges against plaintiff; (2) defendant had greater power than did plaintiff and that power was unchecked; and (3) the provisions of the handbook for employee termination proceedings should be followed.

Plaintiff’s theory that she had certain procedural rights arising from an employee handbook she had been given by defendant arises from the decision in Duldulao v. Saint Mary of Nazareth Hospital Center (1987), 115 Ill. 2d 482, 505 N.E.2d 314. There the court held the general “employment-at-will rule,” which allowed either party in an employment-at-will relationship to terminate the employment for any reason, was only a presumption which could be overcome by a showing that the parties intended otherwise. The supreme court concluded that traditional requirements for contract formation governed whether any employee handbook created an enforceable contract.

The Duldulao court set forth the following principles to determine whether an employee handbook creates an employment contract:

“First, the language of the policy statement must contain a promise clear enough that an employee would reasonably believe that an offer has been made. Second, the statement must be disseminated to the employee in such a manner that the employee is aware of its contents and reasonably believes it to be an offer. Third, the employee must accept the offer by commencing or continuing to work after learning of the policy statement. When these conditions are present, then the employee’s continued work constitutes consideration for the promises contained in the statement, and under traditional principles a valid contract is formed.” (Duldulao, 115 Ill. 2d at 490, 505 N.E.2d at 318.)

The court concluded that, there, all three conditions were met, and the employer was contractually obligated to provide the grievance procedure contained in its handbook before it would discharge an employee. The court noted that, there, the “handbook contain[ed] no disclaimers to negate the promises made.” Duldulao, 115 Ill. 2d at 491, 505 N.E.2d at 319.

The Duldulao handbook provided that, after completion of a probationary period, an employee “could be terminated only with ‘proper notice and investigation’ ” and three warning notices before discharge. (Duldulao, 115 Ill. 2d at 486, 505 N.E.2d at 316.) The court reasoned that, accordingly, the employee would likely assume that discharge would not occur without warnings unless serious misconduct was involved. The court also noted that no disclaimers were involved and the handbook expressly indicated it was “ ‘designed to clarify [the employees’] rights and duties as employees.’ ” (Emphasis in original.) Duldulao, 115 Ill. 2d at 491, 505 N.E.2d at 319.

After Duldulao, this court decided Anders v. Mobil Chemical Co. (1990), 201 Ill. App. 3d 1088, 559 N.E.2d 1119, and Rudd v. Danville Metal Stamping Co. (1990), 193 Ill. App. 3d 1009, 550 N.E.2d 674. In Anders we upheld a summary judgment determining that an employee handbook did not bind an employer to following a particular procedure before discharging an otherwise at-will employee. There, unlike in Duldulao, the handbook contained various disclaimers indicating the handbook was not intended to bind the employer. (Anders, 201 Ill. App. 3d at 1096, 559 N.E.2d at 1123.) In Rudd we upheld the dismissal of a complaint by an employee seeking relief from a discharge relying upon a handbook.

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Bluebook (online)
577 N.E.2d 488, 217 Ill. App. 3d 419, 160 Ill. Dec. 358, 1991 Ill. App. LEXIS 1325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spann-v-springfield-clinic-illappct-1991.