Ruzicki v. Catholic Cemeteries Ass'n of Diocese of Pittsburgh

• Decision Date: 16 July 1992
• Citation: 610 A.2d 495,416 Pa.Super. 37
• Parties: , 7 IER Cases 1112 Dennis RUZICKI, Appellant, v. CATHOLIC CEMETERIES ASSOCIATION OF the DIOCESE OF PITTSBURGH.
• Court: Pennsylvania Superior Court

Page 495

610 A.2d 495

416 Pa.Super. 37, 7 IER Cases 1112

Dennis RUZICKI, Appellant, v. CATHOLIC CEMETERIES ASSOCIATION OF the DIOCESE OF PITTSBURGH.

Superior Court of Pennsylvania.

Argued April 9, 1992.

Filed July 16, 1992.

Monica M. Lovre, Pittsburgh, for appellant.

Charles R. Volk, Pittsburgh, for appellee.

Before CAVANAUGH, HUDOCK and MONTGOMERY, JJ.

CAVANAUGH, Judge.

This case arises out of appellant Dennis Ruzicki's termination by the appellee, Catholic Cemeteries Association of the Diocese of Pittsburgh. Appellant claims that provisions in an employee handbook modified his status as an at-will employee, despite a disclaimer in the handbook which stated that the handbook was not intended to give rise to any contractual obligations or to establish an exception to the employment at-will doctrine. Appellant wishes us to find that an implied contract was violated when the appellee terminated his employment and did not follow the handbook's progressive discipline provisions. We find that summary judgement was appropriately granted, and affirm.

Appellant was employed by the appellee from 1977 until 1990, in various capacities including laborer, assistant manager, purchaser and clerk. In March, 1990, the appellee terminated his employ, allegedly because the appellant did not have the interpersonal skills to successfully interact with the persons he supervised. Subsequently, the appellant filed suit asserting breach of contract/wrongful termination, equitable estoppel, and emotional distress.

Both sides agree that the appellee issued an employee handbook to certain of its non-union employees, although they dispute whether managers like the appellant were among those who received a handbook. The handbook stated that the appellee believed in "the principle of progressive discipline," and that certain enumerated offenses would normally subject the employee to discipline "in the from of written warning(s), 3 day suspension, 2 week suspension and discharge...." The handbook contained a separate list of offenses for which an employee could be fired without resort to the progressive discipline system. The handbook also declares in a section entitled "Purpose" as follows:

This handbook is designed to be used as an informational guide to certain employment policies of the Catholic Cemeteries Association. It is not intended to give rise to any contractual obligations or to establish an exception to the employment-at-will doctrine.

Although the appellant was informed that his job performance was considered unsatisfactory and his job was "on the line," the progressive discipline provisions (which required written warnings) were not followed when he was terminated.

Following discovery, the appellee moved for summary judgment alleging, inter alia, that no employment contract, express or implied, existed and that the appellant was an at-will employee under Pennsylvania law subject to dismissal for any reason. The lower court agreed and granted the appellee's motion, declaring that the appellant's reliance on the handbook was misplaced given the clear language of the above disclaimer.

On appeal, the appellant raises two issues: (1) did the lower court err in granting summary judgment where it was a question for the jury whether appellant's status as terminable at-will was procedurally modified by appellee given the totality of the circumstances and (2) whether the lower court erred in not finding that the appellee should be equitably estopped from terminating the appellant without following the procedural requirements of the employee handbook. ¹

Our standard of review for orders granting summary judgment is as follows:

Summary judgment may be granted if the pleadings, depositions, answers to interrogatories, and admissions on file show that there is no genuine issue of fact and that the moving party is entitled to judgment as a matter of law.... It is basic that summary judgment may be entered only in a case that is clear and free from doubt.

Rossi v. Pennsylvania State University, 340 Pa.Super. 39, 44-5, 489 A.2d 828, 831 (1985), quoted in Scott v. Extracorporeal, Inc., 376 Pa.Super. 90, 94, 545 A.2d 334, 336 (1988) (citations omitted). We address the appellant's arguments in the order presented.

The appellant's first argument is that it is a jury question whether appellant's status as a terminable at-will employee was procedurally modified by the appellee given the totality of the circumstances. The tenor of appellant's argument is that the progressive discipline provisions in appellee's handbook (1) applied to the appellant and (2) was part of a legally enforceable implied contract.

We find no merit to appellant's argument. Pennsylvania adheres to the employment at-will presumption, which holds that absent a contract to the contrary, an employee may be discharged for any or no reason. Scott, supra, at 94-5, 545 A.2d at 336; Darlington v. General Electric, 350 Pa.Super. 183, 188, 504 A.2d 306, 309 (1986). We have recently held:

The sine qua non of the presumption is that except in rare instances, discharges will not be reviewed in the judicial forum. The presumption may be overcome by express contract, implied in-fact contract (the parties did not intend it to be at-will), and additional consideration passing from the employee to the employer (that is, if the employee bestows a legally sufficient detriment for the benefit of the employer beyond the services for which he was hired, a court may infer that the parties intend to overcome the at-will presumption). An employer has no right to discharge even an at-will employee if the firing would contravene a clear public policy or if it is effected with specific intent to harm the employee ... Several recent decisions have noted that any further erosion of the at-will presumption in Pennsylvania should be effected by the legislature, not the courts.

Scott, supra, at 95, 545 A.2d at 336 (citations omitted). The appellant does not assert that he is covered by an express contract, that additional consideration passed from the appellant to the appellee, that public policy is violated by his termination, or that his employer specifically intended to harm him by dismissing him. He only asserts that the employee handbook creates an implied contract. ²

"A handbook is enforceable against an employer if a reasonable person in the employee's position would interpret its provisions as evidencing the employer's intent to supplant the at-will rule." Scott, supra, at 97, 545 A.2d at 337; accord Martin v. Capital Cities Media, Inc., 354 Pa.Super. 199, 222, 511 A.2d 830, 841-2 (1986). The handbook, moreover, must contain a clear indication that the employer intended to overcome the at-will presumption. Scott, supra, at 97, 545 A.2d at 338; Martin, supra, at 222, 511 A.2d at 841-842. We have held that it is for the court to interpret the handbook to discern whether it contains evidence of the employer's intention to be legally bound....