Keller v. Sisters of Charity of Incarnate Word

• Decision Date: 08 April 1992
• Docket Number: No. 23363,23363
• Citation: 597 So.2d 1113
• Parties: Ellen M. KELLER, Plaintiff-Appellant, v. SISTERS OF CHARITY OF the INCARNATE WORD d/b/a Schumpert Medical Center, Defendant-Appellee.
• Court: Court of Appeal of Louisiana — District of US

Page 1113

597 So.2d 1113

Ellen M. KELLER, Plaintiff-Appellant, v. SISTERS OF CHARITY OF the INCARNATE WORD d/b/a Schumpert

Medical Center, Defendant-Appellee.

No. 23363.

Court of Appeal of Louisiana, Second Circuit.

April 8, 1992.

Davidson, Nix, Arceneaux, Jones & Askew by M. Thomas Arceneaux, Shreveport, for plaintiff-appellant.

Mayer, Smith & Roberts by Mark A. Goodwin, Shreveport, for defendant-appellee.

Before SEXTON, LINDSAY and STEWART, JJ.

STEWART, Judge.

Plaintiff, Ellen Keller (Keller), appeals the trial court's entry of summary judgment in favor of defendant, Sisters of Charity of the Incarnate Word d/b/a Schumpert Medical Center (Schumpert), in Keller's suit against Schumpert for breach of contract and wrongful discharge.

On appeal, Keller contends that the trial court erred in finding that there was no genuine issue of material fact concerning the terms and conditions of her employment. Keller also contends that the trial court erred in finding that Schumpert was entitled to judgment as a matter of law. We affirm the trial court judgment.

FACTS

Keller was employed by Schumpert in 1973. In 1978, she was promoted to outpatient supervisor and continued to work in that capacity through December 1984. On January 19, 1979, Keller (then Ellen Moore) signed a document acknowledging receipt of the Schumpert Medical Center Employee Handbook (handbook). The handbook contained general hospital policy information concerning items such as payroll and benefits. The handbook also summarized and interpreted specific policies contained in the Schumpert Personnel Policy Manual (personnel manual). The receipt provided that Keller would become familiar with its contents and abide by the policies outlined as a condition of employment.

On March 23, 1984, Keller was counseled in writing about a disturbance caused by her husband's violent threats which had caused a disruption of the hospital workplace. This written counseling stemmed from earlier verbal counseling of the same nature which had not resulted in an abatement of the problem. The written counseling emphasized that if the situation arose again, it would be grounds for termination. On June 15, 1984, Keller was orally counseled regarding her husband having come to the outpatient work area. She was advised to leave the work area with her husband if he returned. Lucy Brown, Director of Admissions and Outpatient Services at Schumpert, further advised Keller that if the situation was noted again, she would be asked to leave immediately.

On November 16, 1984, Keller's husband called Schumpert and threatened to "blow everyone away" and destroy everything connected with Keller. At the time, Keller was on sick leave for a fractured nose inflicted by her husband. Keller was advised to continue sick leave and it was suggested that she place her husband under a peace bond for her safety.

On December 3, 1984, Keller was notified that, in the interest of all concerned, she would be terminated. Keller requested to resign instead of being discharged and her request was granted by Carlton Baker, Director of Personnel at Schumpert.

In July 1985, Keller filed suit against Schumpert for breach of contract and wrongful discharge. Schumpert filed a motion for summary judgment. The trial court granted the motion for summary judgment finding that (1) there was no contract of employment between Keller and Schumpert; (2) there was no statutory right of Keller to remain employed; (3) Keller was an at-will employee; and (4) Schumpert was entitled to judgment as a matter of law. This appeal ensued.

SUMMARY JUDGMENT

Keller argues that there exists a genuine issue of material fact because a jury could well find that her at-will status was altered into a contractual one by virtue of the personnel manual. Keller further argues that the evidence adduced in opposition to the motion for summary judgment raises a jury question regarding her wrongful discharge claim.

A motion for summary judgment pursuant to LSA-C.C.P. Art. 966 should be granted if and only if, the pleadings, depositions, answers to interrogatories, admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and the mover is entitled to judgment as a matter of law. Thornhill v. Black, Sivalls & Bryson, Inc., 394 So.2d 1189 (La.1981); Employers' Surplus Line Ins. Co. v. City of Baton Rouge, 362 So.2d 561 (La.1978); Andrew Development Corp. v. West Esplanade Corp., 347 So.2d 210 (La.1977). Only when reasonable minds must inevitably conclude that the mover is entitled to judgment as a matter of law based on the facts before the court is a summary judgment warranted. Thornhill v. Black, Sivalls & Bryson, Inc., supra; Cates v. Beauregard Electric Cooperative, Inc., 328 So.2d 367 (La.1976), cert. denied, 429 U.S. 833, 97 S.Ct. 97, 50 L.Ed.2d 98 (1976). The burden of showing that there is no genuine issue of material fact in dispute is upon the mover for summary judgment. Any doubt will be resolved against the granting of summary judgment and in favor of a trial on the merits. Thornhill v. Black, Sivalls & Bryson Inc., supra; Vermilion Corp. v. Vaughn, 397 So.2d 490 (La.1981).

DISCUSSION

Under Louisiana's at-will employee doctrine, an employee who is not hired for a fixed term may be terminated without cause at any time, and an employee so hired has no action against his employer for wrongful discharge. LSA-C.C. Art. 2747; Breaux v. South Louisiana Electric Co-Operative Association, 471 So.2d 967 (La.App. 1st Cir.1985).

Where the term of employment is indefinite, the employment is terminable at the will of either the employer or the employee. Williams v. Delta Haven, Inc., 416 So.2d 637 (La.App.2d Cir.1982); Pechon v. National Corporation Service, 234 La. 397, 100 So.2d 213 (La.1958). Absent a specific contract or agreement establishing a fixed term of employment, an employer is at liberty to dismiss an employee at any time for any reasons without incurring liability for the discharge. Williams v. Delta Haven, Inc., supra.

A contract is an agreement by two or more parties whereby obligations are created, modified, or extinguished. LSA-C.C. Art. 1906. Four elements are required for confection of a valid contract: (1) the parties must possess the capacity to contract; (2) the parties' mutual consent must be freely given; (3) there must be a certain object for the contract; and (4) the contract must have a lawful purpose. LSA-C.C. Arts. 1918, 1927, 1966, 1971; First National Bank of Shreveport v. Williams, 346 So.2d 257 (La.App. 3d Cir.1977). There is no contract unless both parties are bound.

At the trial court, Keller had the burden of establishing that there existed a specific contractual relationship that superceded her otherwise at-will status of employment. Keller admits in her deposition that she was employed for an indefinite term of employment. When hired, she was free to quit at any time or, as in this case was subject to termination at any time for any or no reason. However, Keller argues that her employment status was modified by the provisions of the personnel manual (Policy No. 1:06 ¹ and No. 4:05 ²). Accordingly, Keller argues that her employment was not terminable at will and was subject to a contractual relationship with her employer. We disagree.

Keller specifically alleges that she had an employment agreement with Schumpert which included the disciplinary policies contained in the personnel manual and that both she and Schumpert agreed to be bound by those policies in their employment relationship. Keller characterizes this assertion as a material issue of fact. She contends that in November 1984, she was not on disciplinary probation as provided for in the personnel manual, therefore, Schumpert was without the contractual authority to terminate her on December 3, 1984.

The evidence introduced in connection with the motion for summary judgment reveals that the personnel manual provided general guidelines and in no way indicated mandatory levels of disciplinary action which supervisors must implement sequentially. Keller subpoenaed disciplinary records of other Schumpert employees in order to show that it was Schumpert's policy to use formal written procedures to notify employees that they were placed on disciplinary probation and that no such written probationary notice was provided to Keller prior to her discharge. Even if true, such a circumstance does not raise a genuine issue of material fact in the absence of a contractual relationship between Keller and Schumpert.

Our review of the personnel manual reveals no provision which is indicative of an agreement between Keller and Schumpert concerning...