Kimble v. Pulaski County Special School Dist.

• Decision Date: 15 May 1996
• Docket Number: No. CA,CA
• Citation: 921 S.W.2d 611,53 Ark.App. 234
• Parties: , 109 Ed. Law Rep. 988 Robert KIMBLE, Appellant, v. PULASKI COUNTY SPECIAL SCHOOL DISTRICT, Appellee. 95-702.
• Court: Arkansas Court of Appeals

Page 611

921 S.W.2d 611

53 Ark.App. 234, 109 Ed. Law Rep. 988

Robert KIMBLE, Appellant, v. PULASKI COUNTY SPECIAL SCHOOL DISTRICT, Appellee.

No. CA 95-702.

Court of Appeals of Arkansas,

Division I.

May 15, 1996.

Travis N. Creed, Little Rock, for appellant.

Jay Bequette, Little Rock, for appellee.

PITTMAN, Judge.

Robert Kimble has appealed from a summary judgment entered for appellee, Pulaski County Special School District, in his wrongful discharge action. On appeal, appellant argues that his employment was not terminable at will. We disagree and affirm the circuit court's decision.

Appellant was employed by appellee as a custodian at Mills High School in the 1991-92 school year. His written contract of employment provided: "The employment shall commence on the first day of August, 1991. Subject to the other terms of this agreement, the employment will be for a maximum of 233 days...." Under the "special conditions" listed in the contract, it was provided: "Both parties agree that this contract may be terminated at any time by either party by giving oral or written notice to the other party."

In February 1992, the high school was damaged by fire. After the principal investigated the fire's origin, he informed appellee that appellant had been negligent in his duties. Appellant was then notified by appellee's superintendent that he was being recommended for immediate termination because he had ignored a fire alarm. Appellant was given a termination hearing on March 11, 1992, and was then discharged.

In February 1994, appellant filed this wrongful discharge action against appellee, alleging that he had been terminated in violation of his contract. He also sought recovery for certain tort claims.

Appellee moved for summary judgment, relying on Griffin v. Erickson, 277 Ark. 433, 642 S.W.2d 308 (1982), wherein the Arkansas Supreme Court recognized that, generally, when the term of employment is left to the discretion of either party, or left indefinite, or terminable by either party, either party may put an end to the relationship at will and without cause. In response, appellant stated: "Ark.Code Ann. § 6-17-1701, et seq., known as the Public School Employee Fair Hearing Act, is applicable to this case and has bearing on the question of 'at will' employment." Although appellant abandoned his tort claims, he argued that questions of fact remained as to his breach of contract claim. In its reply, appellee argued that, although the Public School Employee Fair Hearing Act provides that school districts must offer minimum due process to employees recommended for termination, it has not modified the employment-at-will doctrine.

The circuit judge agreed with appellee, stating:

Plaintiff was employed by the Pulaski County Special District under a written employment contract, which provided for employment up to a maximum of 233 days, but also provided that both Plaintiff and the District reserve the right to terminate the contract at any time upon notice to the other party. Accordingly, Plaintiff's employment with the District was "at will" and either party, Plaintiff or the District, was entitled to terminate the Plaintiff's contract at any time and for any reason or no reason.

Summary judgment should be granted only when a review of the pleadings, depositions, and other filings reveals that there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law. Johnson v. Harrywell, Inc., 47 Ark.App. 61, 885 S.W.2d 25 (1994). In considering a motion for summary judgment, the court may also consider answers to interrogatories, admissions, and affidavits. Muddiman v. Wall, 33 Ark.App. 175, 803 S.W.2d 945 (1991). When the movant makes a prima facie showing of entitlement, the respondent must meet proof with proof by showing a genuine issue as to a material fact. Johnson v. Harrywell, Inc., 47 Ark.App. at 63, 885 S.W.2d 25. In appeals from the granting of summary judgment, this court reviews facts in the light most favorable to the appellant and resolves any doubt against the moving party. Id. Summary judgment is not proper where evidence, although in no material dispute as to actuality, reveals aspects from which inconsistent hypotheses might reasonably be drawn and reasonable minds might differ. Id. On appellate review, this court need only decide if the granting of summary judgment was appropriate based on whether the evidentiary items presented by the moving party in support of a motion left a material question of fact unanswered. Id.

Appellant focuses his appeal on two arguments: (1) that his employment was not terminable at will because it was for a definite period of time; and (2) that the Public School Employee Fair Hearing Act has altered the employment-at-will doctrine.

Appellee concedes that the employment contract was for a definite term, even though it provided that appellant would be employed for a "maximum of 233 days." We therefore need not determine the effect of the words "maximum of" in establishing whether the contract was for a definite term.

Arkansas Code Annotated § 6-17-1703 (Repl.1993) provides:

(a) The superintendent of a school district may recommend termination of an employee during the term of any contract, or the nonrenewal of a full-time nonprobationary employee's contract, provided that he gives notice in writing, personally delivered, or by letter posted by registered or certified mail to the employee's residence address as reflected in the employee's personnel file.

(b) The recommendation of nonrenewal of a full-time nonprobationary employee's contract shall be made no later than thirty (30) calendar days prior to the beginning of the employee's next contract period.

(c) Such written notice shall include a statement of the reasons for the proposed termination or nonrenewal.

(d) The notice shall further state that an employee being recommended for termination, or a full-time nonprobationary employee being recommended for nonrenewal, is entitled to a hearing before the school board upon request, provided such request is made in writing to the superintendent within thirty (30) calendar days from receipt of said notice.

Where statutory language is clear and unambiguous, the task of the appellate court is to follow the statute, not interpret it. Public Employee Claims Div. v. Chitwood, 324 Ark. 30, 918 S.W.2d 163 (1996). Generally, the law of this state is that an employer or an employee may terminate an employment relationship at will. Crain Indus., Inc. v. Cass, 305 Ark. 566, 810 S.W.2d 910 (1991). Under the employment-at-will doctrine, an at-will employee may be discharged for good cause, no cause, or even a morally wrong cause. Smith v. American Greetings Corp., 304 Ark. 596, 804 S.W.2d 683 (1991). Although the employment-at-will doctrine has been modified in some respects, as discussed below, Griffin v. Erickson, as it applies to this case, continues to represent the law of this state. There, the supreme court discussed the history of the employment-at-will doctrine in this state and stated:

It is generally, perhaps uniformly, held that when the term of employment is left to the discretion of either party, or left indefinite, or terminable by either party, either party may put an end to the relationship at will and without cause. See cases cited in 56 Corpus Juris Secundum, Master-Servant, § 31, p. 412 and 53 American Jurisprudence 2nd, Master-Servant, § 17, p. 94. It has been stated generally that employment is held only by mutual consent, and that at common law the right of the employer to terminate the employment is unconditional and absolute. Jefferson Electric Company v. N.L.R.B., 102 F.2d 949 (1939).

Generally, a contract of employment for an indefinite term is a "contract at will" and may be terminated by either party, whereas a contract for a definite term may not be terminated before the end of the term, except for cause or by mutual agreement, unless the right to do so is reserved in the contract. Little v. Federal Container Corporation, 61 Tenn.App. 26, 452 S.W.2d 875 (1969).

Our own cases have adhered to this principle, that either party has an absolute right to terminate the relationship. Miller v. Missouri Pacific Transportation Company, 225 Ark. 475, 283 S.W.2d 158 (1955), Moline Lumber Company v. Harrison, 128 Ark. 260, 194 S.W. 25 (1917), St. Louis, I.M. and S.R. Company v. Matthews, 64 Ark. 398, 42 S.W. 902 (1897). Federal decisions applying Arkansas substantive law in this field are: Tinnon v. Missouri Pacific Railroad Company, 282 F.2d 773 (8th Cir.1960); Cato v. Collins, 539 F.2d 656 (8th Cir.1976), and Clark v. Mann, 562 F.2d 1104 (8th Cir.1977). Nor does the fact that the employment is public rather than private alter the rule. Ruggieri v. City of Somerville, 10 Mass.App. 43, 405 N.E.2d 982 (1980), Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972), and Mittelstaedt v. Board of Trustees...