Vallone v. Agip Petroleum Co., Inc.
| Decision Date | 30 January 1986 |
| Docket Number | No. 01-85-0439-CV,01-85-0439-CV |
| Citation | 705 S.W.2d 757 |
| Parties | Leslie Ann VALLONE, Appellant, v. AGIP PETROLEUM CO., INC., et al., Appellees. (1st Dist.) |
| Court | Texas Court of Appeals |
William E. Yahner, Houston, for appellant.
Gloria M. Portela, Hutcheson & Grundy, Houston, for appellees.
Before SAM BASS, COHEN and HOYT, JJ.
The appellant sued the appellees alleging that she was discharged from employment without just cause and in bad faith. She amended her petition after the trial court sustained the appellees' special exceptions. The trial court then granted the appellees' motion for summary judgment on the grounds that the appellant failed to state a cause of action. We affirm.
In her sole ground of error, the appellant contends the trial court erred in granting appellees' motion for summary judgment by ruling that she failed to state a cause of action under Texas law.
In reviewing the granting of a summary judgment we must accept as true the non-movant's version of the evidence and make every reasonable inference in the non-movant's favor. To sustain the summary judgment the movant must establish as a matter of law that no genuine issue of material fact exists.
Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733, 734 (Tex.1985) (citations omitted).
Absent a specific contract term to the contrary, an employment relationship in Texas may be terminated at any time by either the employee or the employer with or without cause and without liability for failure to continue the employment. Molder v. Southwestern Bell Telephone Co., 665 S.W.2d 175, 177 (Tex.App.--Houston [1st Dist.] 1983, writ ref'd n.r.e.). The appellant makes no contention that her amended petition alleged an express contract, either written or oral. All allegations by the appellant say that she "believes," etc., but never allege an agreement between the parties. Appellant argues that she pled a bad faith discharge in contravention of her belief that she was to be employed for so long as her work was satisfactory. She also argues "that she has alleged a cause of action under a recognized legal theory, that is, an agreement she was to be employed for so long as her services were satisfactory and the corresponding requirement that her employer must act honestly and in good faith and not discharge her for contrived or frivilous reasons." See Hardison v. A.H. Belo Corp., 247 S.W.2d 167, 168 (Tex.Civ.App.--Dallas 1952, no writ).
Construing together the whole of the appellant's amended petition, it is apparent that the only agreement alleged is an implied agreement based on the use of a policy manual, "which Plaintiff believes represented that no employee would be dismissed except for good and sufficient cause and that all employees would be accorded personal time off for a death in the immediate family," and upon an "Employee Annual Review." The appellant does not argue that she was prevented from presenting other evidence that would have proved a contract. Employee handbooks, unaccompanied by an express agreement dealing with procedures for discharge of employees, do not create contractual rights regarding those procedures. See Reynolds Manufacturing Co. v. Mendoza, 644 S.W.2d 536, 539 (Tex.App.--Corpus Christi 1982, no writ). Likewise, an annual appraisal of an employee's job...
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Valdez v. Church's Fried Chicken, Inc.
...job performance absent an express agreement cannot create a contract of employment. Vallone v. Agip Petroleum Company, Inc., 705 S.W.2d 757 (Tex.App.—Houston 1st Dist. 1986, writ ref'd n.r.e.). It is also the general rule in Texas that absent a specific contractual agreement, an employer ma......
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...cause does not establish the existence of any enforceable agreement to that effect. See Vallone v. Agip Petroleum Co., 705 S.W.2d 757, 758-59 (Tex.App. — Houston 1st Dist. 1986, writ ref'd n.r.e.). Rayburn's conclusory assertions and vague allegations are insufficient to satisfy her burden ......
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... ... & Constr. Trades Council v. Jacobs Constructors, Inc., 804 F.2d 879, 881 (5th Cir.1986) (per curiam) (citing Southmark ... See, e.g., Vallone v. Agip Petroleum Co., 705 S.W.2d 757, 759 (Tex.App.--Houston [1st Dist.] ... ...
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...had an express oral or written agreement with his/her employer for termination of employment for cause only. Vallone v. Agip Petroleum Co., 705 S.W.2d 757, 758 (Tex.Ct.App.1986); Ramos v. Henry C. Beck Co., 711 S.W.2d 331, 336 (Tex.Ct.App. 1986). Texas courts have expressly and repeatedly r......
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Wrongful Discharge
...the effectiveness of the individual’s performance,” rather than to promise job security); see also Vallone v. Agip Petroleum Co., Inc., 705 S.W.2d 757, 759 (Tex. App.— Houston [1st Dist.] 1986, writ ref’d n.r.e.) (holding that without an express agreement as to its effect, annual or apprais......
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Wrongful Discharge
...the effectiveness of the individual’s performance,” rather than to promise job security); see also Vallone v. Agip Petroleum Co., Inc. , 705 S.W.2d 757, 759 (Tex. App.— Houston [1st Dist.] 1986, writ ref’d n.r.e.) (holding that without an express agreement as to its effect, annual review or......
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Table of cases
...Forge Ins. Co. Relator v. Jones , 733 S.W.2d 319 (Tex. App.—Texarkana 1987, no writ), §40:2.D.5.b Vallone v. Agip Petroleum Co. , Inc ., 705 S.W.2d 757 (Tex. App.—Houston [1st Dist.] 1986, writ ref’d n.r.e.), §§3:5.C Valores Corporativos, S.A. v. McLane Co. , 945 S.W.2d 160 (Tex. App.—San A......
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Table of cases
...Forge Ins. Co. Relator v. Jones , 733 S.W.2d 319 (Tex. App.—Texarkana 1987, no writ), §40:2.D.5.b Vallone v. Agip Petroleum Co. , Inc ., 705 S.W.2d 757 (Tex. App.—Houston [1st Dist.] 1986, writ ref’d n.r.e.), §§3:5.C Valores Corporativos, S.A. v. McLane Co. , 945 S.W.2d 160 (Tex. App.—San A......