Larose v. Agway, Inc., No. 84-253
| Docket Nº | No. 84-253 |
| Citation | 508 A.2d 1364, 147 Vt. 1 |
| Case Date | March 21, 1986 |
| Court | United States State Supreme Court of Vermont |
Page 1364
104 Lab.Cas. P 55,587,
106 Lab.Cas. P 55,733
v.
AGWAY, INC.
Page 1365
[147 Vt. 2] Richard A. Gadbois, Enosburg Falls, and Michael Rose, St. Albans (on brief), for plaintiff-appellant.
John D. Monahan, of Dinse, Erdmann & Clapp, Burlington, for defendant-appellee.
[147 Vt. 1] Before HILL, PECK, GIBSON and HAYES, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.
[147 Vt. 2] HAYES, Justice.
Plaintiff, Raymond M. Larose, sued defendant, Agway, Inc., for wrongful termination of his employment. In his complaint, plaintiff alleged that, by adopting certain personnel rules and regulations, defendant promised its employees that an employee who completes his probationary period will be clearly warned on his first offense in case of unsatisfactory performance. Plaintiff contends that he was discharged from his position without warning or notice of any kind after completing his probationary period.
Defendant moved for summary judgment on the grounds that, as an employee at will, plaintiff had no cause of action for wrongful termination. The trial court granted defendant's motion, and dismissed plaintiff's complaint. We affirm.
On appeal, plaintiff contends, among other things, that the provisions of the personnel manual were enforceable as a part of the employment agreement. Defendant hired plaintiff at a stated salary, but not for a definite period of time. Plaintiff became eligible for certain other benefits that defendant extended to regular employees. His employment ended after being confronted by management with allegations that he had falsified credit information.
Under V.R.C.P. 56, a party moving for summary judgment must satisfy a two-part test. First, he must show that no dispute over issues of material fact exists between the parties. Second, he must have a valid legal position that entitles him to judgment as a matter of law. Gore v. Green Mountain Lakes, Inc., 140 Vt. 262, 264, 438 A.2d 373, 374 (1981); V.R.C.P. 56(c). V.R.C.P. 56 provides[147 Vt. 3] a method for piercing the allegations in the pleadings to obtain relief by introducing outside evidence showing that no fact issues need to be tried. See 10 C. Wright, A. Miller & M. Kane, Federal Practice and Procedure § 2712, at 569 (1983).
It is the law in this jurisdiction that "an employment contract for an indefinite
Page 1366
term is an 'at will'...To continue reading
Request your trial
-
Marcoux-Norton v. Kmart Corp., Civ. A. No. 5:91-CV-308.
...part of the employee's employment agreement. Id. at 208-09, 500 A.2d 230. In contrast, the Vermont Supreme Court in Larose v. Agway, Inc., 147 Vt. 1, 508 A.2d 1364 (1986) found that the policies in the defendant's personnel manual were not negotiated for by the employees and that the employ......
-
Taylor v. National Life Ins. Co., 92-389
...be construed as being consistent with an at-will employment relationship." Four months before Benoir we decided Larose v. Agway, Inc., 147 Vt. 1, 508 A.2d 1364 (1986), a decision that on the surface appears inconsistent with Benoir. In Larose, the plaintiff stipulated that "the policies and......
-
Mancini v. General Elec. Co., Civ. A. File No. 2:91-CV-267.
...the employer bargained for and agreed to make the terms of the employee manual a part of the employment agreement. Larose v. Agway, Inc., 147 Vt. 1, 3, 508 A.2d 1364 (1986); Moss v. Mutual of Omaha Ins., No. 89-138, slip op. at 7, 1990 WL 485666 (D.Vt. April 9, 1990). Thus, if the employer ......
-
Ross v. Times Mirror, Inc., 94-224
...for an indefinite term is an "at-will" agreement, terminable at any time, for any reason or for none at all.' " Larose v. Agway, Inc., 147 Vt. 1, 3, 508 A.2d 1364, 1365-66 (1986) (quoting Sherman v. Rutland Hospital, Inc., 146 Vt. 204, 207, 500 A.2d 230, 232 (1985)). In addition, there is n......
-
Marcoux-Norton v. Kmart Corp., Civ. A. No. 5:91-CV-308.
...part of the employee's employment agreement. Id. at 208-09, 500 A.2d 230. In contrast, the Vermont Supreme Court in Larose v. Agway, Inc., 147 Vt. 1, 508 A.2d 1364 (1986) found that the policies in the defendant's personnel manual were not negotiated for by the employees and that the employ......
-
Taylor v. National Life Ins. Co., No. 92-389
...be construed as being consistent with an at-will employment relationship." Four months before Benoir we decided Larose v. Agway, Inc., 147 Vt. 1, 508 A.2d 1364 (1986), a decision that on the surface appears inconsistent with Benoir. In Larose, the plaintiff stipulated that "the policies and......
-
Mancini v. General Elec. Co., Civ. A. File No. 2:91-CV-267.
...the employer bargained for and agreed to make the terms of the employee manual a part of the employment agreement. Larose v. Agway, Inc., 147 Vt. 1, 3, 508 A.2d 1364 (1986); Moss v. Mutual of Omaha Ins., No. 89-138, slip op. at 7, 1990 WL 485666 (D.Vt. April 9, 1990). Thus, if the employer ......
-
Ross v. Times Mirror, Inc., No. 94-224
...for an indefinite term is an "at-will" agreement, terminable at any time, for any reason or for none at all.' " Larose v. Agway, Inc., 147 Vt. 1, 3, 508 A.2d 1364, 1365-66 (1986) (quoting Sherman v. Rutland Hospital, Inc., 146 Vt. 204, 207, 500 A.2d 230, 232 (1985)). In addition, there is n......