Loghry v. Unicover Corp. - 927 P.2d 706 (Wyo. 1996)

Rule:

In Wyoming, employers are not obligated to provide for job security. In the absence of a job security provision, employment of an indefinite duration is presumed to be at-will and either the employee or the employer may terminate it at any time for any or no reason. Wyoming has recognized, however, that an employment handbook may imply a contractual term requiring termination for cause. Such an implication can be avoided by a conspicuous and unambiguous disclaimer.

Facts:

During an investigation of the employee's supervisor, a vice president asked the employee to turn over certain files. He told her that she would not lose her job if she cooperated. The president, however, fired her the next morning. Subsequently, the employee brought suit against the employer, claiming promissory estoppel and breach of the covenant of good faith and fair dealing. The district court granted summary judgment to the employer, and the employee appealed.

Issue:

Was the grant of summary judgment in favor of the employer proper? 

Answer:

Yes.

Conclusion:

The court affirmed the trial court's decision. Noting that the employee had signed a disclaimer at the beginning of her employment, it stated that because the disclaimer informed her that her employment could be terminated for any reason and that no subsequent, unauthorized statement could alter this, she could not then reasonably rely on the vice president's assurance as a matter of law. Therefore, the court held, promissory estoppel was not available. The court held that the employee could not raise the issue of breach of a covenant of good faith and fair dealing under a contract theory on appeal because she had raised only a tortious breach claim in her pleadings. It held that she did not have a tortious breach claim, stating that because the employee was required to give up the documents to the vice president, she had not surrendered something that she was privileged to keep and therefore had not suffered a legal detriment.