Summary
In Toshiba America, Inc. v. Simmons, 104 A.D.2d 649, 480 N YS.2d 28 (2d Dep't 1984), the court held that the employee's "allegation that at the time of hiring he was told by plaintiff's personnel that plaintiff was `a good employer from the standpoint * * * of job security [and] that if any problems arose [plaintiff] would endeavor to work them out equitably' is insufficient to defeat plaintiff's motion for summary judgment...."
Summary of this case from Leahy v. Federal Exp. Corp.Opinion
September 24, 1984
Appeal from the County Court, Westchester County (Nastasi, J.).
Orders reversed, on the law, without costs or disbursements, and plaintiff's motion for summary judgment dismissing defendant's counterclaim granted.
Defendant's employment, pursuant to an oral agreement, was not for a specific term and was, prima facie, a hiring at will ( Gould v Community Health Plan, 99 A.D.2d 479). Although this, per se, does not rule out a cause of action for wrongful discharge (see Weiner v McGraw-Hill, Inc., 57 N.Y.2d 458; cf. Utas v Power Auth., 96 A.D.2d 940), defendant's allegation that at the time of hiring he was told by plaintiff's personnel that plaintiff was "a good employer from the standpoint * * * of job security [and] that if any problems arose, [plaintiff] would endeavor to work them out equitably" is insufficient to defeat plaintiff's motion for summary judgment ( Murphy v American Home Prods. Corp., 58 N.Y.2d 293; Gould v Community Health Plan, supra). We note that the relevant provisions in the employer's handbook do not exclude termination without cause (cf. Weiner v McGraw-Hill, Inc., supra, p. 460). Mollen, P.J., Mangano, O'Connor and Lawrence, JJ., concur.