Tinkham v. Jenny Craig, Inc.

5 Mass. L. Rptr. 296
Massachusetts Superior Court·Decided April 19, 1996·No. No. 940511C·Published

Opinion

Gershengorn, J.

Plaintiffs brought this action alleging claims of breach of contract and various torts stemming from the termination of or resignation from their employment relationship with the defendants.1 Plaintiffs claim that agents of the defendants made certain oral promises to them before and during their employment and that these promises constituted assurances of promotion. Defendants counter that plaintiffs were at all times at-will employees who could be terminated at any time, and thus plaintiffs’ reliance on any oral promises of promotion was unreasonable.

Defendants now move for summary judgment under Mass.R.Civ.P. 56 on all remaining counts of plaintiffs’ complaint.2

BACKGROUND3

A. Jenny Craig’s Corporate Operations

Defendants Jenny Craig, Inc. and Jenny Craig Weight Loss Centers, Inc. (Jenny Craig) operate weight loss centers across the United States, including centers located in Massachusetts. The plaintiffs were all employees hired by Jenny Craig to work in the North Boston region. These Centers were generally staffed with a Center Director,4 one or more Program Directors, several Weight Loss Counselors, and other support personnel.

Center Directors managed the Center and directed the activities of lower-level employees. Sales Trainers trained the region’s Program Directors and a Weight Loss Counselor Trainer trained the region’s Weight Loss Counselors. The primary job responsibility of a Program Director was the sale of weight loss programs to potential Jenny Craig customers. Weight Loss Counselors were responsible for counseling existing Jenny Craig clients on a weekly basis as part of the company’s weight management program.

B. Plaintiffs’ Employment Histories

Stephen Tahan

On or about October 20, 1992, Stephen Tahan (Tahan) interviewed for employment with Ginny Sheldon (Sheldon), Center Director for the Lawrence Center of Jenny Craig. During the interview, Sheldon made certain statements related to Tahan’s opportunity for promotion within Jenny Craig. Sheldon stated that as long as Tahan was doing a good job, she could see him moving up in the company towards a managerial position. Sheldon never stated specifically when Tahan would be promoted. Tahan understood that his eligibility for promotion depended on his performance on the job.

Tahan began working as a weight loss counselor at Jenny Craig’s Lawrence Center on or about December 1, 1992. During his employment at Jenny Craig, a few Jenny Craig employees told Tahan that based on his personality and fitness background, he would be a good program director and should be recommended for a promotion. Tahan was told during his initial interview and during training sessions that even if he did not want to be promoted, he could remain in the position of weight loss counselor as long as he continued to perform well. Tahan assumed that Sheldon had the power to promote him.

The employment application filled out by Tahan on or about October 20, 1992, contained a provision which stated that Tahan’s employment with Jenny Craig was for no definite period and that he could be terminated at any time without prior notice. On or about December 21, 1992, Tahan executed a confidentiality agreement which contained the following provision in paragraph eleven:

You as employee are hired for an unspecified duration, and your employment is not guaranteed for any specific length of time. Therefore, either you as employee, or the Company may terminate the employment relationship at will, at any time with or without cause or notice. No other provision of this document, nor any oral or written statements made to you at anytime, nor will any other fact or circumstance affect the at will status of your employment with the company.

The confidentiality agreement also stated that its terms and conditions were an important and essential part of the employee’s (here, Tahan’s) employment with Jenny Craig.

On or about July 1, 1993, Jenny Craig terminated Tahan due to a lack of productivity and lack of business at the Lawrence Center.

Paul Langley

Paul Langley (Langley) interviewed for a position with Jenny Craig on or about April 1992. He was interviewed by Regional Supervisor, Cheryl Grindelin (Grindelin) and Joseph Egan (Egan), a center director. During the interview, Grindelin promised Langley that [298]*298he would be promoted to assistant director within one jrear. Langley understood, however, that his promotion to management would depend on his performance in accordance with the guidelines for particular positions along the way. He also understood that his promotion could be affected by his performance relative to other fellow employee candidates. Langley thought that Grindelin had the authority to hire employees and make promises regarding promotions. Egan did not tell Langley that he would be promoted to a particular job at a certain time and made no other promises of promotion. In a third interview with Regional Director Susan Becker, Langley was told that he would be a center director or assistant center director within one year provided he met the guidelines of the other positions he held along the way. Langley told his interviewers that he was giving up a lucrative position in order to accept the position with Jenny Craig. On or about April 14, 1992, Langley was hired as a weight loss counselor. On the date of his hire, Langley executed a confidentiality agreement which contained an at-will provision with the same language as the one in Tahan’s agreement, as cited above.

During his employment at Jenny Craig, other employees told Langley that there was unlimited growth potential and that assuming his work performance was good, he could work himself up to a center director position. On or about July 1992, Langley was promoted to program director. Citing stress, working conditions, and a lack of promotional opportunities, Langley eventually submitted a letter of resignation effective January 21, 1993.

Robert Short

On or about August-1989, Robert Short (Short) interviewed for employment with Laura Foglia (Foglia), Regional Supervisor for Jenny Craig. During the interview, Foglia promised Short a weight loss counselor position and advancement to a managerial position within six months to a year. Short believed that his advancement would be contingent on how he performed on the job relative to other candidates. Short was told that Foglia had the authority to make hiring decisions in the region. Short was hired as a weight loss counselor on or about August 21,1989. Short also signed a confidentiality agreement which contained the exact language pertaining to at-will employee status as noted above in the Tahan agreement.

During his employment, Short was also told by his Center Director, Donna Corio (Corio), that he was management material. Corio did not promise Short a particular management position by a particular time. Short applied for a promotion three times, but was unsuccessful. A manager implied to Short that he was not being promoted because he was male. Since he was not being promoted and due to other concerns about changes in his work environment, Short voluntarily resigned effective November 1, 1990.

Tracy Tinkham

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Tinkham v. Jenny Craig, Inc., 5 Mass. L. Rptr. 296 (Mass. Ct. App. 1996).

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