Leikvold v. Valley View Community Hosp.

• Decision Date: 14 June 1983
• Docket Number: CA-CIV,No. 1,1
• Citation: 688 P.2d 201,141 Ariz. 575
• Parties: Joan LEIKVOLD, Plaintiff-Appellant, v. VALLEY VIEW COMMUNITY HOSPITAL, an Arizona corporation; Phoenix Baptist Medical Services, an Arizona corporation; and Andrew Allen, Defendants-Appellees. 5930.
• Court: Arizona Court of Appeals

Page 201

688 P.2d 201

141 Ariz. 575

Joan LEIKVOLD, Plaintiff-Appellant, v. VALLEY VIEW COMMUNITY HOSPITAL, an Arizona corporation; Phoenix Baptist Medical Services, an Arizona corporation; and Andrew Allen, Defendants-Appellees.

No. 1 CA-CIV 5930.

Court of Appeals of Arizona Division 1, Department D.

June 14, 1983.

Rehearing Denied Sept. 15, 1983.

Review Granted Nov. 1, 1983.

Farrer & Becker, P.C. by Mathis Becker, Sun City, for plaintiff-appellant.

[141 Ariz. 576] Jones, Skelton & Hochuli by Don C. Stevens II, Phoenix, for defendants-appellees.

OPINION

MEYERSON, Judge.

This appeal involves the rapidly changing area of employment law. We are asked to hold that in a contract of employment, indefinite as to its duration, the employee may nevertheless prove that the employer's personnel manual constitutes the terms and conditions of employment. The parties did not have a formal employment contract limiting the circumstances under which the employee could be discharged. For the reasons hereinafter stated, however, the employee is not foreclosed from proving that she could only be discharged for cause in accordance with the personnel manual. The facts in this appeal are as follows.

I. FACTS

Plaintiff-appellant Joan Leikvold has been a registered nurse since 1954. She became the operating room supervisor at defendant-appellee Valley View Community Hospital (Valley View) in 1972 and in 1978 she was promoted to director of nursing. After holding this job for approximately one year, she learned that the operating room supervisor no longer desired to continue in that position. Because Leikvold enjoyed the field of surgery, she decided to seek a transfer from her position as director of nursing back to the position of operating room supervisor.

At about that time, defendant-appellee Andrew Allen assumed the position of chief executive officer of Valley View. Although Leikvold's request for a transfer was made before Allen moved to Valley View, he ultimately became the hospital official who acted upon the request. Leikvold and Allen had several meetings with regard to the transfer. At these meetings, Allen expressed his judgment that it was inappropriate for someone to transfer from a position of greater authority to one of lesser authority. Leikvold was ultimately informed that an advertisement had been placed in the paper for her position and that it would not be possible for her to transfer back to the operating room. She asked him if that meant that she should be looking for another job and he replied "If I were you, I would be." Leikvold subsequently withdrew her request for transfer but she was ultimately fired.

In Leikvold's personnel file, the reason given for her discharge was "insubordination." In Allen's deposition, however, he testified that the causes of her termination were (1) her request to become a subordinate after holding a management position and (2) that the operating room supervisor position was not available. There is nothing in the record to suggest that Leikvold's job performance was in any way unsatisfactory.

II. THE PERSONNEL MANUAL

Although the parties did not execute a written contract of employment, when Leikvold was hired, and through the duration of her employment, Valley View had in effect a manual describing "administrative and personnel policies." According to her affidavit, attached to her response to Valley View's motion for summary judgment, she was given a copy of the manual when she was hired and was told that the policies contained therein were to be followed during her employment with the hospital. She stated that she was led to believe by the hospital administration that the manual was part of the employment contract between the hospital and its employees. During her tenure as the director of nursing, the manual was repeatedly referred to at department meetings as reflecting the policies which were to be followed in the case of employee termination. The manual is in loose-leaf form so that employees "can bring it up to date whenever policies are revised." The manual contains sections on wages and salaries, benefits, working conditions, job opportunities, personal problems, "important rules," and termination policies. Allen testified in his deposition that in his view the manual set forth guidelines only and that he was free to ignore the manual if he chose.

Leikvold contends that her discharge violated the terms of the personnel manual in several respects. First, she contends that no effort was made to help her adjust to her work situation. The manual provides that the hospital will make "every effort ... to help an employee adjust himself to his work." Second, she contends that pursuant to the terms of the manual she could only be discharged for unsatisfactory service. This is her most significant allegation. The manual provides that if any employee's work "should be considered unsatisfactory during the first three months of employment, the hospital reserves the right to discontinue his services without notice." Third, she argues that the manual provides for a right to appeal and a hearing and that these procedural rights were not afforded to her. The manual states that an employee "who feels ... aggrieved by the terms of the discharge may appeal to Administration, and will be granted a hearing."

III. CONTENTIONS OF THE PARTIES

Leikvold filed her complaint in two counts alleging (1) that her discharge violated Valley View's personnel policies and (2) defamation. Valley View filed a motion for summary judgment contending that the employment contract between the parties was terminable at will and, in any event, Valley View complied with all administrative and personnel procedures. Valley View also argued that no defamatory statements about Leikvold were made. Judgment was entered in favor of Valley View and Leikvold brought this appeal. Leikvold appeals only the issues relating to the employment relationship and has abandoned any contention that Allen's statements were defamatory.

On appeal, Leikvold raises two issues. First, she contends that an employer's personnel manual may be part of the employment contract even in an employment relationship which is otherwise terminable at will. Second, she argues that good-faith dealing between the parties is a requirement even under an at will contract and, more particularly, the hospital may not discharge its chief supervisory nurse in an arbitrary and capricious manner. Because we agree with Leikvold's first contention, we do not reach the second issue.

IV. LAW

Arizona is one of many states which follows the common law rule that either party may terminate an employment-at-will contract at any time, for any reason. Daniel v. Magma Copper Co., 127 Ariz. 320, 620 P.2d 699 (Ct.App.1980); Larsen v. Motor Supply Co., 117 Ariz. 507, 573 P.2d 907 (Ct.App.1977). No prior Arizona decision, however, has considered whether in an employment contract indefinite in duration and lacking express terms limiting the employer's right to terminate the relationship, the employer's personnel manual may nevertheless become part of the terms and conditions of employment. ¹ Although virtually all states follow the common law rule, absolute adherence to the employment-at-will doctrine has become increasingly disfavored throughout the United States. See generally Olsen, Wrongful Discharge Claims Raised by At-Will Employees: A New Legal Concern for Employers, 32 Lab.L.J. 265 (1981); Comment, Protecting At Will Employees Against Wrongful Discharge: The Duty to Terminate Only in Good Faith, 93 Harv.L.Rev. 1816 (1980); Annot., 12 A.L.R. 4th 544 (1982). One of several exceptions which has emerged is the situation such as we have before us--where the employer has adopted a personnel manual.

For example, in Toussaint v. Blue Cross and Blue Shield, 408 Mich. 579, 292 N.W.2d 880 (1980), Toussaint was provided with a personnel manual which "reinforced the oral assurance of job security. It stated that the disciplinary procedures applied to all Blue Cross employees who had completed their probationary period and that it was the 'policy' of the company to release employees 'for just cause only.' " Id. at 598-99, 292 N.W.2d at 884. Toussaint had been employed by Blue Cross for five years when he was discharged; he contended that the discharge violated the Blue Cross employment policy as expressed in its personnel manual. A jury found in favor of Toussaint, but the court of appeals reversed. The Michigan Supreme Court held as follows:

Although Toussaint's employment was for an indefinite term, the jury could find that the relationship was not terminable at the will of Blue Cross. Blue Cross had established a company policy to discharge for just cause only, pursuant to certain procedures, had made that policy known to Toussaint, and thereby had committed itself to discharge him only for just cause in compliance with the procedures. There were, thus, on this separate basis alone, special circumstances sufficient to overcome the presumptive construction that the contract was terminable at will.

We hold that employer statements of policy, such as the Blue Cross Supervisory Manual and Guidelines, can give rise to contractual rights in employees without evidence that the parties mutually agreed that the policy statements would create contractual rights in the employee ....

Id. at 614-15, 292 N.W.2d at 892.

In Yartzoff v. Democrat-Herald Publishing Co., 281 Or. 651, 576 P.2d 356 (1978), the Oregon Supreme Court reversed a summary judgment entered in favor of the employer in an action for wrongful discharge. The employee contended that she was discharged in contravention of the company's policy as contained in its personnel handbook which provided that termination would be for unsatisfactory performance. The court held that if the case "were submitted to a jury, it could reasonably infer from the facts stated in plaintiff's affidavit, when taken as a whole,...