Cherri Lynn Nix v. Elmore County
158 Idaho 310
| Idaho | 2015Background
- Cherri Nix was a custodial employee of Elmore County from 2007 until her termination on April 30, 2012; she was placed on a one-year disciplinary probation on Feb. 1, 2012 for poor performance and warned she remained an at-will employee.
- The Elmore County Personnel Policy (ECPP) contains a pre-deprivation "Appeal Hearing" provision for full- and part-time regular employees but also includes a bold disclaimer that the policy is not a contract and states the BOCC may change terms.
- Nix received written notices (Notice of Disciplinary Action and Notice of Termination) informing her she was at-will during probation and could be terminated immediately for failure to improve; the BOCC later refused to grant a performance-related hearing.
- Nix sued alleging breach of employment contract (right to pre-termination hearing) and breach of the implied covenant of good faith and fair dealing; the district court granted summary judgment for the County holding Nix was at-will and had no contractual hearing right.
- The Idaho Supreme Court affirmed, concluding the ECPP disclaimer and the disciplinary notices precluded a reasonable expectation that the ECPP’s hearing provision formed an enforceable contractual right for Nix.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ECPP created an enforceable contract right to a pre-termination hearing | Nix: ECPP grants full-time employees a hearing and disciplinary probation does not revoke that right; she remained a full-time permanent employee entitled to the hearing | County: ECPP disclaimer and supervisory notices preserved at-will status; handbook is discretionary guidance, not contract | Court: No contract; disclaimer + notices mean no reasonable expectation of a contractual hearing right; summary judgment affirmed |
| Whether Elmore County breached implied covenant of good faith and fair dealing by denying a hearing | Nix: Denial of hearing violated implied covenant tied to ECPP | County: No contractual obligations created by ECPP to trigger or limit covenant; it cannot create a for-cause limit on at-will firing | Court: Covenant cannot create new duties; absent an enforceable contractual right, no breach; summary judgment affirmed |
| Whether supervisor (Parsons) impermissibly changed ECPP terms by placing Nix on at-will probation | Nix: Only BOCC can change policy; supervisor exceeded authority | County: Parsons acted under ECPP-authorized disciplinary powers; BOCC later ratified termination | Court: Parsons followed ECPP disciplinary procedures; any change was ratified by BOCC and/or accepted by Nix; claim fails |
| Entitlement to attorney fees on appeal | Nix: sought fees (not prevailing) | County: prevailing party; seeks fees under Idaho Code for contract-based claims | Court: County entitled to fees under Idaho Code §12-120(3) as prevailing party on a contract claim |
Key Cases Cited
- Mackay v. Four Rivers Packing Co., 145 Idaho 408, 179 P.3d 1064 (standards for appellate review of summary judgment)
- Jenkins v. Boise Cascade Corp., 141 Idaho 233, 108 P.3d 380 (limits on creating contractual protections from employee manuals)
- Mitchell v. Zilog, Inc., 125 Idaho 709, 874 P.2d 520 (presumption of at-will employment; when handbook may form contract)
- Bollinger v. Fall River Rural Elec. Co-op., Inc., 152 Idaho 632, 272 P.3d 1263 (handbook language must manifest intent to be contractual)
- McGraw v. City of Huntington Beach, 882 F.2d 384 (9th Cir.) (distinguishable authority on promotional probation and due process)
- Jackson v. Minidoka Irr. Dist., 98 Idaho 330, 563 P.2d 54 (handbook provisions can become part of employment contract)