Breach of Employment Contract Essay

The gaffe involves a claim that Baril, the appellant, was discharged by Aiken regional medical exam Centers, the infirmary where she previously worked, and such(prenominal) dismissal constitutes a b disturb of the involution constringe betwixt Baril and the infirmary. The bundle the parties were referring to was the Associate vade mecum she received from the hospital, which contained the personnel polices of the infirmary that governed her employ.Baril was moved for making a chew the fat through the hospitals toll-free number, as a solution of which he was deemed to withdraw committed a infraction of the hospitals line of credit ups and policies, which merited her warm barrier. Baril argues that the hospital itself break downed the custom comp piece by un fittingly terminating her avocation. The accost of Appeals of southeast Carolina began its discussion by stating that the general rule on habit contr fiddles is that contracts of employment be at-will co ntracts.This means that the contract is terminable at the pleasure of either party, at all time, regardless of the existence or non-existence of a justifiable ground for the confines. How perpetually, the existence of an employee vade mecum is recognized as an exemption to the general rule. Such a enchiridion whitethorn fashion an employment contract, depending on the terms express therein. Where the enchiridion contains obscure clauses such as disclaimers, the reward of whether it could constitute an employment contract has to be dogged by a venire, and not by outline judicial finality.The philander mention that magical spell the vade mecum explicitly states that it does not diversify the nature of the employment contract as an at-will contract, it does provide strict performances to be followed in corrective cases such as the integrity(a) where Baril is concerned. Thus, the Hospitals mathematical processs and practices give rising to more(prenominal) than g enius conjectural inference concerning the creation of an employment contract. Concomitantly, we pass off the attempt court erred in granting abridgment popular opinion on the issue of whether Hospitals policies found in its employee handbook, amendments, and developed practices created an employment contract between Baril and Hospital.The court also determined that the employment contract establish by the Hospitals practices and procedures requires that there be an existing just cause for close. The criterion for determining justness in the termination of Barils employment rests on the existence of a reasonable equitable credence belief that adapted cause existed for termination. Weighing the arguments of both Baril and the Hospital, the court reason out that reasonable minds could differ as to the whether there was good or good-for-nothing faith in the Hospitals termination of Barils employment.Therefore, the case could not have been settled using the rules on summar y judgment. link up Case http//www. sccourts. org/opinions/HTMLfiles/COA/3561. htm THE STATE OF SOUTH CAROLINA In The Court of Appeals Marolyn L. Baril, Appellant, v. Aiken Regional Medical Centers, Respondent. Appeal From Aiken County Rodney A. Peeples, rotary Court Judge Opinion No. 3561 comprehend October 8, 2002 Filed October 28, 2002 REVERSED and REMANDED Herbert W. Louthian, Sr. , and Deborah R. J. Shupe, both of Columbia, for Appellant. Richard J.Morgan and Reginald W. Belcher, both of Columbia, for Respondent. ANDERSON, J. Marolyn L. Baril appeals the roundabout Courts order granting summary judgment to Aiken Regional Medical Centers (Hospital) on Barils transaction for breach of employment contract. We reverse and remand. FACTS/PROCEDURAL BACKGROUND Baril united Hospitals nursing stave in 1986. She earned a masters degree in nursing administration from the University of southwestward Carolina in 1990. The following year, Baril was named director of Hospitals extre mity department.Baril re sign from that gravel for personal reasons in 1992, but continued as a staff nurse in the emergency department. Holly Martinez de Andino eventually succeeded Baril as director of Hospitals emergency department. John Arnold 1 and Martinez de Andino indirectly supervised Baril. In primordial 1993, Baril began teaching nursing classes on a part-time basis at the University of southward Carolinas Aiken campus (USC-Aiken). She joined the faculty on a full-time basis later that year. Baril received an Associate Handbook from Hospital in May of 1997.She signed an acknowledgment tune provided by Hospital, indicating she would familiarize herself with the handbook and that she understood the handbook constituted the personnel policies of Hospital and that she was governed by them. The handbook and acknowledgment form contained disclaimer talking to Please Read Important mesh knowledge The info contained in this booklet is designed to serve simply as a refere nce to Aiken Regional Medical Centers policies and procedures. Aiken Regional Medical Centers militia the right-hand(a) to amend this guide as necessary at all time, with or without prior notice.Current infirmary policies and procedures will apply in all cases. Please remember that this booklet does not constitute a contract between you and Aiken Regional Medical Centers. Employment at Aiken Regional Medical Centers is on a voluntary basis and either you or the Facility whitethorn terminate this employment relationship at whatsoever time with or without reason or prior notice. No ally of Aiken Regional Medical Centers has the right to make verbal promises or commitments which may create a contract and thereby alter the employment at will relationship. (Emphasis added).Additionally, the handbooks Recruiting and Hiring section included like language In no event shall a hiring of an cuss be considered as creating a contr unquestionable relationship between the associate and the Facility and, unless otherwise provided in writing, such relationship shall be defined as employment at will, where either party may dissolve the relationship. (Emphasis added). However, the acknowledgment form states that the information in the handbook is subject to change/revision and either change will be communicated through the usual channels. The handbook incorporated a detailed, progressive corrective procedure. Two categories of offenses were specifi call upy identified. The categories were bifurcated (1) actions meriting quick termination and (2) actions warranting termination for continuous violations. In July of 1998, Martinez de Andino declined Baril for alleged(a)ly slamming a access in Arnolds face and disagreeing with Hospitals management regarding a management issue. 2 Baril was first suspended and later given a concluding written warning. Yet, the handbooks procedure mandated use of a lowest written warning only after two previous warnings.Baril had not prev iously been warned or disciplined. Baril asked Hospital to change her work status from full-time to part-time in November 1998. She continued to teach full-time at USC-Aiken. Baril initiated a grievance pursuant to Hospital policy. Hospitals chief decision maker officer, Richard H. Satcher, investigated Barils complaint and found fit cause to purge the disciplinal action from Barils employment file. As a condition to cleansing her employment file, Satcher required Baril and Martinez de Andino to replete with Hospitals director of adult male resources, Richard Lowe, and director of nursing, Mary Ann Angle.The purpose of the meeting was to clarify understandings and expectations regarding Baril and Martinez de Andinos operative relationship. In January of 1999, Baril met with Martinez de Andino, Lowe, and Angle to discuss problems between Baril and Martinez de Andino. During the meeting, Baril convey concern that Martinez de Andino had targeted Baril for termination which Mart inez de Andino intended to accomplish using the disciplinary procedure.Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from be ab utilize to eliminate employees and to mark that it would only be used to peremptoryly impact its employees. Lowe delivered a retroflex of the peeled policy to Baril. Regarding its purpose, the policy stated To set standard run procedures in order to ensure that all associates argon fully apprised of the lead expected of them. This policy will also ensure bewitching and consistent treatment to associates if violations of these standards of conduct occur.This policy is based on the i diffuse of increased severity in disciplining associates who repeatedly violate hospital rules while performing work for the hospital or while on hospital premises. Written counselings are given for initial, minor infractions of rules if the infractions continue harsher discipline is enforced. However, situations which are so serious that they require immediate stern disciplinary action will not follow a progressive concept. Hospital reserves the right to administer disciplinary action as it deems appropriate for the circumstances involved. (Emphasis added).The new policy provided Discipline is an instrument for changing unacceptable performance or expression, and for providing motivation and encouragement for disciplined associates. The new policy described four general categories of disciplinary offenses, ranging in degree of seriousness from greatest (critical offenses) to least(prenominal)(prenominal) (minor offenses). The category of critical offenses included actions that constituted serious violations of rules or associate misconduct which justify immediate termination without regard to the associates length of service or prior conduct. The new policy contained mingled examples of critical offenses. It specified in section 2. 2. 2 of HR116 that actions of di shonesty, fraud, theft (regardless of the amount), or illegitimate removal of hospital property were examples of critical offenses. At the end of the meeting, Baril and Martinez de Andino signed a document identifying expectations concerning Barils and Hospitals obligations to each other. The exposit of the document consisted of expectations related to performance and communications. On July 6, 1999, Baril suffered injuries when a cabinet vanish on her while at work.She immediately sought treatment for injuries involving muscleman strain, subperiosteal hematoma, and an impinged nerve. Baril filed an accident report and claim for Workers Compensation benefits at the time of the accident. iv days after her accident, on July 10, 1999, Baril traveled to Tacoma, Washington, for a vacation. When Baril arrived, she received a peal message indicating Hospital called her baby in an effort to assemble Baril. In response, Baril called Hospital on its toll-free number and asked to speak to person in her department.After a brief conversation with a coworker, Baril asked the coworker to sell her call to her sisters home in Aiken. Baril informed her sister that she had arrived in Washington safely, and asked why Hospital wanted to talk to her. Barils sister offered to call Hospital to ask why it had contacted her to try to reach Baril. However, Baril declined her sisters offer. According to telephone compevery records, the call lasted xxxii seconds. No evidence exists in the record concerning the cost of the call or whether Hospital sustained either economic loss as a result of the call.Baril returned from vacation on July 17, 1999. When she reported to work the following day, Baril was told to meet with Arnold and Martinez de Andino. At the meeting, Baril learned that by using Hospitals toll-free number for personal use, she violated section 2. 2. 2 of Hospital form _or_ system of government HR116, which cites dishonesty, fraud, theft (regardless of amount), una uthorized removal of hospital property, as critical offenses justifying immediate termination. Baril offered to pay for the telephone call, but Arnold refused to accept payment and informed her she was being terminated.Baril exited the premises a short time thereafter. Baril filed this cause of action averring (1) Hospital created a contract of employment between Baril and itself through its written employee handbook, its amendments to the handbook, and its conduct regarding the handbooks policies, particularly the mandatory language of the disciplinary procedure in HR116 and verbal assurances provided by Lowe during the January 1999 meeting (2) Hospital breached the contract between Baril and itself by wrongfully terminating her and (3) Hospital violated S.C. Code Ann. 41-1-80 (Supp. 2001) by terminating Baril in avenging for filing a Workers Compensation claim. Baril sought $403,508 in existent remedy, plus costs and other just and proper relief. Hospital answered, loosely den ying Barils allegations and claiming it acted in good faith when dealing with Barils discipline and termination.Hospital specifically asserted that Baril was an at-will employee throughout her employment with Hospital, and denied the existence of an employment contract. Hospital further claimed that, even if any employment contract existed, Hospital never breached it and that Barils discharge was not wrongful. Hospital cited Barils ingest conduct as the source of any and all of the employment actions that Hospital took against Baril. Additionally, Hospital maintained that Baril failed to meet Hospitals established work standards, stole Hospitals time and maybe money when making an impermissible telephone call, and violated at least one of Hospitals specific written Company policies for which Hospitals action was a stated remedy of the violation. Finally, Hospital contended Baril failed to mitigate any damages she might have sustained. Hospital moved for summary judgment, arguing no material issues of particular existed and Hospital was entitled to judgment as a matter of constabulary.The Circuit Court conducted a hearing on the motion and issued an order purpose (1) Hospitals policies did not constitute an implied employment contract as a matter of law, even when viewed in the devolve around gold to Baril (2) even if Hospitals policies constituted an implied employment contract, Hospitals actions did not breach the contract because it acted pursuant to the express terms of the alleged contract and because Barils interpretation of the alleged contract was strained and wild and would have led to absurd consequences (3) Hospital did not breach any alleged contract because on the date Hospital terminated Baril it had a reasonable, good faith belief that, pursuant to the language of HR 116, it had sufficient and just cause to terminate Barils employment (4) Baril failed to establish a retaliation claim because she based this cause of action merely upon he r own self-serving, unbacked opinions and the temporal proximity between the filing of her workers compensation claim and her termination of employment and (5) Baril failed to mitigate her damages because she did nothing to try on employment or mitigate damages in any way. The Circuit Court dismissed all of Barils claims with prejudice. STANDARD OF REVIEW When re showing the grant of a summary judgment motion, the appellate court applies the same standard which governs the trial court under Rule 56(c), SCRCP summary judgment is proper when there is no genuine issue as to any material fact and the wretched party is entitled to judgment as a matter of law. Fleming v. Rose, 350 S. C. 488, 567 S. E. 2d 857 (2002) Ferguson v. Charleston Lincoln Mercury, Inc. , 349 S. C. 558, 564 S. E. 2d 94 (2002).In determining whether any triable issue of fact exists, the evidence and all inferences which fag more or less be worn-out therefrom must(prenominal) be viewed in the light to the hig hest degree favorable to the frozen(predicate) party. Faile v. southmost Carolina Dept of Juvenile Justice, 350 S. C. 315, 566 S. E. 2d 536 (2002) McNair v. Rainsford, 330 S. C. 332, 499 S. E. 2d 488 (Ct. App. 1998). If triable issues exist, those issues must go to the jury. Young v. South Carolina Dept of Corrections, 333 S. C. 714, 511 S. E. 2d 413 (Ct. App. 1999). abridgment judgment is not appropriate where further inquiry into the facts of the case is sexually attractive to clarify the application of the law. Vermeer Carolinas, Inc. v. Wood/Chuck Chipper Corp. , 336 S. C. 53, 518 S. E. 2d 301 (Ct. App. 1999). totally ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party. Bayle v. South Carolina Dept of Transp. , 344 S. C. 115, 542 S. E. 2d 736 (Ct. App. 2001). Even when there is no dispute as to evidentiary facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied. Hall v. Fedor, 349 S. C. 169, 561 S. E. 2d 654 (Ct. App. 2002). Moreover, summary judgment is a drastic remedy which should be cautiously invoked so no person will be improperly deprived of a trial of the disputed factual issues. Lanham v. Blue Cross and Blue Shield, 349 S. C. 356, 563 S. E.2d 331 (2002) Trivelas v. South Carolina Dept of Transp. , 348 S. C. 125, 558 S. E. 2d 271 (Ct. App. 2001). ISSUES I. Did the Circuit Court err in granting summary judgment on the issue of whether Hospitals written policies and actual practices created an employment contract between the parties? II. Did the Circuit Court err in granting summary judgment on the issue of whether Hospitals actions in terminating Barils employment breached a contract between the parties? III. Did the Circuit Court err in granting summary judgment on the issue of whether Baril acted reasonably in attempting to mitigate her damages? LAW/ANALYSIS I. Existence of Employment ContractBaril maintains the Circuit Court erred in granting summary judgment because, masking the evidence in the light most favorable to Baril as the rooted(predicate) party, material issues of fact exist concerning whether Hospitals written policies and actual practices created an employment contract between Baril and Hospital. We agree. South Carolina recognizes the doctrine of employment at-will. Prescott v. Farmers Tel. Coop. , Inc. , 335 S. C. 330, 516 S. E. 2d 923 (1999). This doctrine provides that a contract for permanent employment is terminable at the pleasure of either party when unsupported by any circumstance other than the employers duty to provide compensation in throw for the employees duty to perform a service or obligation. Id. At-will employment is generally terminable by either party at any time, for any reason or no reason at all. Prescott, 335 S. C. at 334, 516 S. E. 2d at 925.However, an employer and employee may contractually alter the general rule of employment at-will, thereby restricti ng the freedom of either party to terminate the employment relationship without incurring liability. See Small v. Springs Indus. , Inc. , 292 S. C. 481, 357 S. E. 2d 452 (1987). For example, an employee handbook may create a contract altering an at-will arrangement. Id. Because an employee handbook may create an employment contract, the question of whether a contract exists is for a jury when its existence is questioned and the evidence is either conflicting or admits of more than one inference. Conner v. City of Forest Acres, 348 S. C. 454, 560 S. E. 2d 606 (2002) (stating summary judgment is inappropriate in most instances when handbook contains both a disclaimer and promises).The presence of promissory language and a disclaimer in the handbook make it ambiguous and subject to more than one interpretation. 3 See Fleming v. Borden, 316 S. C. 452, 450 S. E. 2d 589 (1994) (stating that a handbook containing both a disclaimer and promissory language should be viewed as inherently ambi guous). Here, the handbook states that it does not operate to change the at-will nature of employment to a contractual relationship. However, the handbooks procedures concerning progressive discipline, discharge, and grievance are couched in mandatory terms, including assurances that the procedures will be followed. As to Lowes statements regarding the new disciplinary policy, Baril testifiedRichard Lowe told me, guaranteed me that the new disciplinary policy was put into effect for just that reason because I told Richard, I said, you know, I have been a manager, and you can use a disciplinary procedure to try to eliminate battalion or try to help people grow and have positive behaviors and goals and grow. And Richard Lowe said that is what that policy is for, is to help you, and that is what is going to be happening from this blockage forward, and I entangle that that was a guarantee, was a contract, a verbal contract that I would be treated equitably, that I would bethat I woul d not be targeted any further, that the grievance was over, and we were to go forward. And so I felt at that time that that was a contract that was made . . . . Thus, the court cerebrate that the procedures and practices established by the Hospital was more than sufficient for it to arrive at the conclusion that an employment contract was created between the parties. II.Hospitals Actions in Terminating Barils Employment Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist regarding whether Hospitals actions in terminating her employment breached an employment contract between Hospital and Baril. We agree. When an employment contract only permits termination for cause, the appropriate test on the issue of breach condensees on whether the employer had a reasonable good faith belief that sufficient cause existed for termination. Conner v. City of Fore st Acres, 348 S. C. 454, 464, 560 S. E.2d 606, 611 (2002) (emphasis added). The fact take iner must not focus on whether the employee actually committed misconduct instead, the focus must be on whether the employer reasonably determined it had cause to terminate. Id. at 464-65, 560 S. E. 2d at 611. a. Reasonable Good Faith In the January 1999 meeting, Baril expressed concern that Martinez de Andino disliked her and would use Hospitals disciplinary execute to terminate her. Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from being abused to eliminate employees and to ensure that it would only be used to positively impact its employees.Nevertheless, reasonable minds could disagree as to whether Hospital proceeded to act in reasonable good faith by using the disciplinary policy to immediately terminate Baril for using the toll-free line to imparting one possibly business-related telephone call to Barils sis ter for thirty-two seconds. Additionally, our Supreme Court has held that summary judgment should not ordinarily be used to resolve the question of whether an employer acted under a reasonable good faith belief that sufficient cause existed for termination. Conner, 348 S. C. at 465, 560 S. E. 2d at 611-612. Viewing the evidence in the light most favorable to Baril, we find that reasonable minds could differ as to whether Hospital acted with good faith in terminating Baril. b. Sufficient Cause Hospital alleges it followed its disciplinary policies in terminating Baril.Hospital contends Barils request that her call on Hospitals toll-free line be transferred to her sisters private residence constituted an act of dishonesty, fraud, theft (regardless of amount), unauthorized removal of hospital property. Thus, Hospital avers Baril demonstrated violation of a critical offense meriting immediate termination. However, Hospital never announced a policy against use of its toll-free telephon e line by employees for personal or private business, although the written materials of Hospital purported to communicate policies and changes to Hospital employees. Furthermore, Baril declared that other Hospital employees had engaged in similar behavior without Hospitals objection, thereby raising the possibility that Hospital tacitly condoned the practice.Assuming, arguendo, that Hospital rightfully concluded such employee use of its toll-free telephone lines for private purposes constituted dishonesty, fraud, or theft sufficient to merit immediate termination under its policy, evidence exists that Barils telephone call to her sister originated in matters related to her employment at Hospital. Moreover, Hospital failed to produce any evidence that it suffered a loss related to the telephone call. In addition, Hospital rejected Barils good-faith efforts to compensate Hospital for any loss it may have sustained for the thirty-two second call, although Hospitals unquestioned practi ce was to permit employees to return it for private long-distance telephone calls.The Circuit Court determined no evidence showed or even suggested that Baril ever reimbursed or attempted to reimburse Hospital for any of these calls. A cursory reading of the record contradicts this finding. First, the phrase any of these calls wrongly implies that Baril made more than one call, contrary to undisputed evidence that she only made one call at issue. Next, the record is replete with testimony from Baril and Lowe that Baril immediately offered to reimburse Hospital for any expenses related to the telephone call. Hospital maintains Baril abused her bureau by ordering a subordinate to transfer the telephone call outside the Hospital. Yet, the record contains no evidence that Baril had any subordinates at the Hospital at the time she placed the call.In fact, the employee whom Baril asked to transfer the call was only considered a subordinate by the trial court because she had previously been one of Barils nursing students. Viewing the evidence in the light most favorable to Baril, we conclude her actions constituted a mere peccadillo at worst and that reasonable minds could differ concerning whether Hospital terminated Baril with just cause. III. mitigation of Damages Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist concerning whether she made reasonable efforts to mitigate her damages. We agree.A party injured by the acts of another is required to do those things a person of ordinary prudence would do under the circumstances, but the law does not require him to exert himself unreasonably or incur significant expense to avoid damages. McClary v. Massey Ferguson, Inc. , 291 S. C. 506, 354 S. E. 2d 405 (Ct. App. 1987). Whether the party acted reasonably to mitigate damages is ordinarily a question for the jury. Id. Baril did not seek other employment throughout this litigation. However, she attempted to justify her behavior. First, she testified she did not want to reveal to electric potential employers that she had been fired. Second, she testified that there were no other hospitals with emergency rooms in or near Aiken, where she resided. Thus, she would have been forced to either commute or move in order to perform similar work.Baril did not want to relocate because she had a home and family in Aiken, where she taught college classes on a full-time basis. Baril speculated that a lengthy commute would interfere with her teaching career. Considering the evidence in the light most favorable to Baril, reasonable minds could disagree over whether she made reasonable efforts to mitigate her damages. The trial court should have allowed this question to be determined by a jury. CONCLUSION Accordingly, the trial courts decision is REVERSED and REMANDED. CONNOR and STILWELL, JJ. , concur. 1 John Arnolds specif ic job title is unreadable in the record, which indicates he operated in a supervisory capacity similar to that of Martinez de Andino.2 Shortly before Martinez de Andino initiated the July 1998 disciplinary action against Baril, a dispute arose between them concerning Martinez de Andinos decision to hire paramedics to perform nursing functions in the emergency room. Baril learned from the South Carolina Department of Health and Environmental Control that South Carolina law prohibited paramedics from performing some of the functions that Martinez de Andino intended for them to perform. Baril conveyed this information to Martinez de Andino, who told Baril to deal with it. Baril contends Martinez de Andino resented Barils input, leading to a souring of their relationship that motivated her to seek Barils termination. 3 Baril and Hospital clearly disagree about the existence of a contract.