White v. Roche Biomedical Laboratories, Inc.

• Decision Date: 01 December 1992
• Docket Number: No. 3:91-3486-19.,3:91-3486-19.
• Citation: 807 F. Supp. 1212
• Parties: James A. WHITE, Plaintiff, v. ROCHE BIOMEDICAL LABORATORIES, INC., Defendant.
• Court: U.S. District Court — District of South Carolina

807 F. Supp. 1212

James A. WHITE, Plaintiff, v. ROCHE BIOMEDICAL LABORATORIES, INC., Defendant.

No. 3:91-3486-19.

United States District Court, D. South Carolina, Columbia Division.

December 1, 1992.

Herbert W. Louthian, Louthian & Louthian, Columbia, SC, for plaintiff.

Henry S. Knight, Jr., Nelson, Mullins, Riley & Scarborough, Columbia, SC, for defendant.

MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT

SHEDD, District Judge.

This breach of employment contract and promissory estoppel action is before the Court on defendant's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. After carefully reviewing the record and the controlling legal authorities, the Court concludes that the motion should be granted and that summary judgment should be entered in favor of defendant.

I

Summary judgment is proper if "there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law." Fed. R.Civ.P. 56(c). Summary judgment is not "a disfavored procedural shortcut, but rather is an integral part of the Federal Rules as a whole, which are designed `to secure the just, speedy and inexpensive determination of every action.'" Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2555, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 1). When the moving party properly supports its motion showing that it is entitled to judgment as a matter of law, the party opposing the motion must present affirmative evidence to establish a genuine dispute of material fact which is necessary to defeat the summary judgment motion. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 257-58, 106 S.Ct. 2505, 2514-15, 91 L.Ed.2d 202 (1986). In reviewing a motion for summary judgment, the Court is required to view any permissible inferences to be drawn from the underlying facts in the light most favorable to the non-moving party. Moore v. Winebrenner, 927 F.2d 1312, 1313 (4th Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 97, 116 L.Ed.2d 68 (1991). If, after viewing the evidence in the light most favorable to the non-moving party, the Court finds that the non-moving party has failed to make a showing sufficient to establish the existence of an element essential to its case, and on which it will bear the burden of proof at trial, the Court must grant summary judgment against that party. Lujan v. National Wildlife Fed'n, 497 U.S. 871, 883-84, 110 S.Ct. 3177, 3186, 111 L.Ed.2d 695 (1990).

II

The material facts of this case are not in dispute.¹ On May 1, 1991, plaintiff, who was then employed as an at-will employee by Qualex, Inc., went to defendant's office to apply for employment. Plaintiff completed an employment application which states directly above his signature:

I further understand that my employment is contingent upon satisfactory reference information whenever obtained, and the Company's evaluation of results of a pre-employment physical examination.

After completing the application, plaintiff met with Wesley Shaw, defendant's branch manager, who informed plaintiff that he expected a part-time driver's position to become vacant in the near future. During this meeting Shaw asked plaintiff about his driving record and plaintiff responded that he had received three speeding citations and had been involved in one accident. Shaw then informed plaintiff that he would need a copy of plaintiff's driving record and that plaintiff would have to undergo a drug screening test. Shaw did not explain to plaintiff any specific information concerning defendant's policies. Shaw concluded the interview by telling plaintiff that he would hire him for a part-time position and that he would be contacting plaintiff to let him know when a job became available.

On May 23, Shaw telephoned plaintiff and offered him a job as a part-time driver to begin on June 3, which plaintiff accepted. The offer was for an indefinite term of employment and it did not include any terms other than plaintiff's hourly wages. Shaw again told plaintiff that he needed a copy of his driving record and asked plaintiff to provide a copy to him. Shaw also again informed plaintiff that he would have to take a drug screening test. The following day, plaintiff delivered a copy of his driving record to Shaw and gave Qualex notice of his resignation.

Prior to June 3, Shaw was advised by company personnel not to hire plaintiff because of the number of traffic violations on plaintiff's driving record. Shaw telephoned plaintiff on May 27 and told him that he would not be hired because of the traffic violations. Plaintiff then attempted to retain his job with Qualex; however, he was informed that his job had been filled. Plaintiff worked for Qualex through May 31, at which time his employment was terminated.

Plaintiff thereafter filed this action contending that he had entered into a contract of employment with defendant based on his acceptance of the May 23 offer, with the consideration being his reliance on defendant's promise to hire and his resignation of his job with Qualex, and that defendant breached this contract. Defendant has moved for summary judgment arguing two grounds: (1) that if it made an offer of employment, the offer was conditional and plaintiff did not fulfill the condition; and (2) if a contract existed between plaintiff and defendant, the contract was terminable at will and plaintiff may not recover for the termination of an at-will contract. In response, plaintiff contends that the employment offer was unconditional and that he is entitled to recover under the doctrine of promissory estoppel.

III

Initially, without expressing an opinion on whether plaintiff satisfied the condition precedent requirement of presenting "satisfactory reference information," the Court finds that defendant is entitled to summary judgment on plaintiff's breach of contract claim because even assuming that plaintiff's acceptance of the job offer was sufficient to form a contract of employment, the contract was terminable at will. Under South Carolina law, an employer has the right, with certain specific exceptions not applicable here,² to terminate an individual employed for an indefinite period of time at will, unless the employee has provided independent consideration in addition to services rendered. Small v. Springs Indus., Inc., 300 S.C. 481, 388 S.E.2d 808, 810 (1990) ("Springs II"); Weber v. Perry, 201 S.C. 8, 21 S.E.2d 193, 194 (1942). When an employer has the right to terminate at will, it may do so at any time, including the period after the employee has accepted an offer but before the employee begins work, Payne v. FMC Corp., 6 Indiv.Empl.Rights Cas. (BNA) 1138, 1141, 1991 WL 352415 (D.S.C.1991); "for any reason or for no reason at all," Springs II, 388 S.E.2d at 810; with or without cause, Johnson v. American Ry. Express Co., 163 S.C. 191, 161 S.E. 473, 476 (1931); and the employer is not required to explain its decision to the employee. Parker v. Southeastern Haulers Inc., 210 S.C. 18, 41 S.E.2d 387, 393 (1947). The termination of employment at will does not normally give rise to a cause of action for breach of contract. Epps v. Clarendon County, 304 S.C. 424, 405 S.E.2d 386, 387 (1991).

As noted, defendant offered plaintiff employment with the only term specified being plaintiff's hourly wage. Defendant did not provide plaintiff with any assurances of the duration of his employment and it did not provide plaintiff with any statements of company personnel policies. These facts establish that plaintiff's contract of employment was for employment at will. However, plaintiff's breach of contract claim is grounded on his reliance on defendant's employment offer and his resulting resignation of employment with Qualex. Thus, aside from his promissory estoppel argument (see Part IV infra), plaintiff apparently contends that the doctrine of employment at will is inapplicable in this case under the rule of law which provides:

Where a contract of employment fails to specify the term of employment, the contract is terminable at the will of either the employer or the employee, but with the qualification that if the employee in addition to contracting for the performance of services, gives to the employer some independent consideration, the contract will be held to be binding upon the employer for such period as can be found from the circumstances to have been in the contemplation of the parties.

Witte v. Brasington, 125 F.Supp. 784, 786 (D.S.C.1952) (emphasis added). The Court finds this principle of law inapplicable to the facts of this case because plaintiff's alleged independent consideration (i.e., detrimental reliance on the employment offer) is insufficient to alter the otherwise at-will employment contract.

This conclusion is compelled by the decisions in several cases, the most closely analogous being Orsini v. Trojan Steel Corp., 219 S.C. 272, 64 S.E.2d 878 (1951). In Orsini, the plaintiff, who worked in and resided in Atlanta, Georgia, was offered and accepted "a lifetime job" with defendant in Columbia, South Carolina. The plaintiff resigned his job in Atlanta and moved his family and belongings to Columbia. The plaintiff's wife also resigned her job in Atlanta so that she could move to Columbia. After working for approximately two weeks, the plaintiff was discharged by the defendant. The plaintiff thereafter filed a breach of contract action and received a favorable verdict in the trial court. On appeal, the state supreme court reversed, holding that the plaintiff's employment was at will and that he did not provide sufficient independent consideration by resigning his job and moving from Atlanta to alter the at-will relationship. 64 S.E.2d at 879-80. See also Lewis v. Finetex, Inc., 488 F.Supp. 12, 14 n. 1 (D.S.C. 1977) ("nor may it be plausibly argued that plaintiff's move from Tennessee to Greenville, South Carolina is such `independent consideration' to remove this case from...