Jacobs informed Terry that if he did not return that evening, he would be terminated. Shortly thereafter, Jacobs phoned Terry back, told him he was firedand that he could pick up his final paycheck the following day. In their depositions, both Jacobs and Kerby stated that Terry was fired for insubordination. Terry filed suit for breach of employment contract, promissory estoppel, breach of the implied covenant of good faith and fair dealing, and intentional infliction of emotional distress. The district court granted appellees' summary judgment motion, dismissing all of Terry's claims.
Terry appeals the district court's order.
This court evaluates the propriety of summary judgment using the same standards and materials used by the district court, affording no deference to the district court's decisions on issues of law. We look at the record from a viewpoint most favorable to the party opposing the motion, allowing that party all reasonable inferences which may be fairly drawn from the record. In Wyoming, employment for an indefinite time is presumed to be a contract for at-will employment which either party can terminate at any time for any or no reason. The at-will presumption is rebuttable, and we examine, under an objective test, whether the employer has intended, either by words or conduct, to include job security as part of the implied employment contract. Terry contends that the Pioneer of Jackson Hole Procedures Manual, considered along with other documents, created an enforceable right to permanent employment such that Terry could only be discharged for cause.