Dykes v. Lane Trucking, Inc.
Dykes v. Lane Trucking, Inc.
Opinion
The plaintiff, Jimmy Dykes, appeals from a summary judgment for the defendants, Lane Trucking, Inc., and one of its employees, Tommy Andrews, in this action seeking damages for an alleged wrongful termination of employment. We affirm.
Dykes, a truck driver, alleged that Andrews had fraudulently induced him to accept employment with Lane Trucking by misrepresenting to him that he would not be required to drive an excessive number of hours. He further alleged that Lane Trucking had terminated his employment after he refused to make a delivery that, he says, would have placed him in violation of guidelines issued by the United States Department of Transportation restricting the number of hours *Page 249 that truck drivers can drive within a certain period of time. The defendants contend that Dykes was an employee-at-will and, therefore, that the trial court could have properly based its judgment on Dykes's employment status.
After carefully reviewing the record, we conclude that the summary judgment was proper. It is undisputed that Andrews, who was the only person who dealt directly with Dykes during the hiring process, did not personally offer Dykes lifetime employment or employment of any definite duration. Furthermore, the "Employee Personnel Policy Handbook," upon which Dykes partially relies in an attempt to come within the rule recognized in Hoffman-La Roche, Inc. v. Campbell,
"We want our employees to be happy working here. That's one reason we provide good pay and good working conditions. We want you to enjoy working here.
"However, we should all understand that employment at Lane Trucking, Inc., is not offered, guaranteed, contracted, or promised for any specific length of time. You have the right to leave our company at any time and the company has the right to terminate the employment relationship at any time. This is just good business practice for everyone.
"The policies described in this employee handbook are not conditions of employment and the language is not intended to create a contract between Lane Trucking, Inc., and its employees.
". . . .
"We consider the first 90 days that you work for us a 'try-out' period. It gives us an opportunity to find out whether your work, your attitude, and your attendance measure up to our standards of performance, and it gives you the opportunity to see if you will enjoy working here.
"At any time during this period, you may decide to resign without stating a reason, or you may be released by the company on the same basis without any bad effect on your employment record. We think that this policy is a fair one in that each of us will have this period of time to adapt to our working relationship. Also, our employment 'at will' policy will remain in effect during the entire course of your employment, even after the probationary period has been completed.
". . . .
"Regardless of the reason for separation of employment, please remember that we operate under an 'at will' policy as described earlier in this handbook."1
When this Court held in Hoffman-La Roche that language contained in an employee handbook could create a unilateral contract of employment for a definite duration or under particular circumstances, it was careful to explain that the language used in the handbook had to be sufficiently clear and specific, so as to constitute an actual offer rather than a mere statement of policy:
"Of course, to become a binding promise, the language used in the handbook must be specific enough to constitute an actual offer rather than a mere general statement of policy. See [Pine River State Bank v. Mettille,
333 N.W.2d 622 ,626 (Minn. 1983)]. However, whether a proposal is meant to be an offer for a unilateral contract is determined by the outward manifestations of the parties, rather than by their uncommunicated beliefs. See Mayo v. Andress,373 So.2d 620 (Ala. 1979). It is axiomatic that an offer must be communicated before it may be accepted. See generally, S. Williston G. Thompson, Selections from Williston's Treatise on the Law of Contracts, § 33, at 37 (Rev. ed. 1938). Indeed, if the employer does not wish the policies contained in an employee handbook to be construed as an offer for a unilateral contract, he is free to so state in the handbook. Thus, this Court has refused *Page 250 to hold the provisions of a handbook enforceable against an employer where the handbook at issue expressly stated the following:" 'This Handbook and the policies contained herein do not in any way constitute, and should not be construed as a contract of employment between the employer and the employee, or a promise of employment.'
"McCluskey v. Unicare Health Facility, Inc.,
484 So.2d 398 ,400 (Ala. 1986)."
Whether the language of an employee handbook is sufficiently clear and specific to constitute an offer of a unilateral contract is a question of law to be determined by the court.Campisi v. Scoles Cadillac, Inc.,
"Q. Were you working for somebody just prior to going to work for Lane Trucking?
"A. I worked for AMX, the last company I worked for before Lane.
". . . .
"Q. All right. What was your reason for leaving AMX?
"A. Well, they were running me — the main reason I left them was running too many hours.
"Q. Did you quit or were you fired or —"
A. It's . . . I quit. It's kind of a — never did officially quit. It's kind of a situation — I called in on my last run. I told them that I was running to the ground. They were running me so hard. I called in and I told them that I needed a few days off. And he said, 'How long?' I said, 'Oh, well, maybe a couple of weeks.' And that was just prior to Christmas. And then I checked back with them, and they — my truck was out on the road. I called two or three times. My truck was out somewhere else. You know, they were bad about slip-seating, which is changing drivers for individual trucks. You know, you don't drive the same one all the time. They tried to, but occasionally they slipped up. So that's how I got caught up there.
"Anyway, then my brother-in-law came down with cancer so I just never did go back. I thought he was gonna die so I took off for — until I found out he was gonna be okay and — his operation and everything. And that's when I went with Lane."
We also note Dykes's suggestion that we should carve out a public policy exception to the employee-at-will doctrine; however, we again decline to modify the employee-at-will doctrine by recognizing such an exception to it in this case. Historically, this Court has deferred to the judgment of the legislature as to the need for such an exception. See, e.g.,Howard v. Wolff Broadcasting Corp.,
We decline to address Dykes's argument that the employee-at-will doctrine violates the equal protection guarantee of the
For the foregoing reasons, the judgment is affirmed.
AFFIRMED.
MADDOX, ALMON, INGRAM and COOK, JJ., concur.
KENNEDY, J., dissents.
Reference
- Full Case Name
- Jimmy Dykes v. Lane Trucking, Inc.
- Cited By
- 185 cases
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- Published