Dykes v. Lane Trucking, Inc.

• Decision Date: 16 December 1994
• Citation: 652 So.2d 248
• Parties: 130 Lab.Cas. P 57,878 Jimmy DYKES v. LANE TRUCKING, INC., et al. 1931399.
• Court: Alabama Supreme Court

Page 248

652 So.2d 248

130 Lab.Cas. P 57,878

Jimmy DYKES v. LANE TRUCKING, INC., et al.

1931399.

Supreme Court of Alabama.

Dec. 16, 1994.

Donald C. McCabe, Daleville, for appellant.

John F. McDaniel, William J. McDaniel and Jack M. Bains, Jr., Birmingham, for appellees.

HOUSTON, Justice.

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 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, 512 So.2d 725 (Ala.1987), provided, in pertinent part, as follows:

"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 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)."

512 So.2d at 734.

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., 611 So.2d 296 (Ala.1992). Based on the language of the employee handbook, we hold that Dykes was an at-will employee and, therefore, that his employment was subject to termination with or without cause. Because an at-will employee is, with certain statutory exceptions, see Ala.Code 1975, § 12-16-8.1 and § 25-5-11.1, subject to dismissal for any reason or for no reason, this Court, in Salter v. Alfa Ins. Co., 561 So.2d 1050 (Ala.1990), held that the mere showing of a loss of employment is legally inadequate to establish the element of damage in a fraud claim by an at-will employee. We reasoned that because such an employee is terminable at will, even for a malicious reason, there can be no legally compensable injury resulting from the employer's terminating the employment. See, also, Burrell v. Carraway Methodist Hospitals of Alabama, Inc., 607 So.2d 193 (Ala.1992). The record indicates that the only damage Dykes could have suffered would have stemmed from his loss of employment with Lane Trucking. The record does not support his assertion on appeal that Andrews's alleged misrepresentation induced him to leave his former job, and thus it does not bring this case within the holding of Kidder...