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Barmettler v. Reno Air Inc.4/16/1998
court, however, qualified its holding in a footnote:
We do not hold or intimate that every job training or rehabilitation program could alter an employee 's at-will status. This case involves a unique nexus between an employee's participation in an employer -provided program and a grant of probation for a specific period in a criminal case at the mutual request of the employer and employee . Even in this unique circumstance, an employer desiring to maintain an at-will relationship could make an express disclaimer of intent to limit potential reasons for discharge or to create any expectation of continued employment for a certain duration. The record presently before us contains no such disclaimer.
Id. at 1194 n.l.
While the Holmes court substantially qualified its holding with the above quoted language, the decision still stands as authority for the proposition that a company's drug policy can modify an employee 's "at will" status, as Barmettler asserts. The opinion also points out that an employer has the power to clarify that participation in an employer sponsored drug rehabilitation program in no way will modify the employee 's "at will" status. Reno Air could have drafted this proviso in its drug policy, but did not. Therefore, the finder of fact could believe Barmettler's statement of the facts, find that his employment termination flowed from his good faith participation in the company's drug program, and that such action violated his contract of employment.
While I agree that the district court properly granted summary judgment on the rest of Barmettler's claims, issues of fact were presented concerning his claim for breach of contract and it was improper to dismiss this claim by summary judgment. Accordingly, I Dissent to that portion of the majority that affirms the dismissal of this claim.
Rose, J.
I concur:
Springer, J.
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