Wyoming does not recognize a cause of action for breach of the covenant of good faith and fair dealing under a contract theory. Unicover contends that Loghry's argument on this issue is presented for the first time in this appeal since she pleaded only a tort claim for breach of an implied contract of good faith and fair dealing. The record supports Unicover's assertion and this issue will not be considered. Tort Claim for Breach of the Covenant of Good Faith and Fair Dealing and the Related Punitive Damage Claim. The hiring of an employee by an employer occurs by contract.
All contracts of employment contain an implied covenant of good faith and fair dealing.
As noted earlier, Wyoming recognizes a limited tort claim for breach of an implied covenant of good faith and fair dealing in employment contracts. When a special relationship of trust and reliance is demonstrated to exist between the employee and the employer, a breach of the duty of good faith and fair dealing is actionable. Only in rare and exceptional cases will a duty be created giving rise to tort liability. Trust and reliance may be found by the existence of separate consideration, common law, statutory rights, or rights accruing with longevity of service. Loghry contends that the special relationship exists in her case by virtue of separate consideration given when she turned over the files to Hilt and did not inform her supervisor that the supervisor was the object of an investigation.