delivered the opinion of the court:
Plаintiff Jimmy Ivory appeals from an order of the trial court dismissing his breach of contract claim against his former employer, defendant Specialized Assistance Services, Inc., pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 2002)). The trial court determined that plaintiff failed to state a cause of action because an express disclaimer in defendant’s employee manual precluded the existence of an employment contract. On appeal, plaintiff contends that he sufficiently stated a breach of contract action based on the employee manual. He argues that the manual did not sufficiently disclaim the formation of a contract between the parties becаuse the disclaimer was not separate and set apart, and was not explicit, clear and unambiguous. We affirm.
Plaintiff wаs employed by defendant for 16 years as a driver. In July 2002, defendant sent plaintiff a letter stating that plaintiffs position was eliminatеd due to
“This Personnel Policies/Procedures document is an outline of the basic personnel policies, practices, and procedures in our agency. It contains generаl statements of agency policy and it should not be read as forming an expressed or implied contract or promise. The agency will try to keep the document current, but there may be times when the policy will change before this material can be revised.
The policies and procedures set forth in this document prescribe the terms, conditions, and standards or personnel operations for Substance Abuse Services, Inc. 1 The content of which is neither contractually binding upon the agency nor restrictive in terms of amendment or interpretation by Substance Abuse Services, Inc. Employeеs are expected to acquaint themselves fully with the contents of this document in order to establish an employment relationship based on a complete understanding of Substance Abuse Services, Inc. personnel requirements, expеctations, and methods of conducting personnel matters.”
Plaintiff filed a complaint alleging that he was wrongfully discharged because defendant breached provisions in the manual. Plaintiff specifically alleged that defendant breachеd its seniority provision because another, less senior employee was retained, and breached its notificatiоn provision because employees terminated without cause were supposed to be notified of job oрenings for a year following termination. Defendant filed a motion to dismiss alleging that its manual did not constitute a contract bеtween the parties, and thus, plaintiff lacked contractual rights thereunder. The trial court granted defendant’s motion to dismiss. This timely appeal followed.
Whether the trial court erred in dismissing plaintiffs complaint is a legal issue subject to de novo review. MacDonald v. Hinton,
The threshold issue is whether defendant’s manual constituted a contract between the parties. Thе general rule for an employment relationship is that it is terminable at the will of either party, assuming the employee was hired for an indefinite period of time. Duldulao v. Saint Mary of Nazareth Hospital Center,
Here, defendant’s manual contains a clearly worded disclaimer in its introduction. The introduction explicitly describеs defendant’s intent in producing the manual as a general outline of company policy, while carefully indicating that the manual is not to serve as “forming an expressed or implied contract or promise” or as “contractually binding on the agency.” Under these circumstances, it was not reasonable for plaintiff to construe defendant’s manual as an оffer, which is necessary to create a contractual relationship between the parties. We additionally note that the language plaintiff relies on as constituting a promise was also in the introduction of the manual with the disclaimer, thereby making plaintiffs rebanee even less reasonable. See Border v. City of Crystal Lake,
Accordingly, we affirm the judgment of the circuit court of Cоok County.
Affirmed.
O’HARA FROSSARD and NEVILLE, JJ, concur.
Notes
We note that defendant’s company is Specialized Assistance Services, Inc., a/k/a Substance Abuse Services, Inc.