Brandenburger v. Hilti3/27/1989
endant contends plaintiff was employed on an at-will basis. Plaintiff argues the trial court erred when it directed a verdict for defendant Hilti at the close of plaintiff's case-in-chief since reasonable minds could differ on whether plaintiff had an implied employment agreement with Hilti and whether plaintiff was discharged for just cause. Plaintiff's argument is unpersuasive.
Civ. R. 50(A)(4) provides as follows:
"When a motion for a directed verdict has been properly made, and the trial court, after construing the evidence most strongly in favor of the party against whom the motion is directed, finds that upon any determinative issue reasonable minds could come to but one conclusion upon the evidence submitted and that conclusion is adverse to such party, the court shall sustain the motion and direct a verdict for the moving party as to that issue."
In Ruta v. Breckenridge-Remy Co. (1982), 69 Ohio St.2d 66, 68, 23 O.O. 3d 115, 116, 430 N.E.2d 935, 938, the court stated:
"When a motion for a directed verdict is entered, what is being tested is a question of law; that is, the legal sufficiency of the evidence to take the case to the jury. This * * * assumes the truth of the evidence supporting the facts essential to the claim of the party against whom the motion is directed, and gives to that party the benefit of all reasonable inferences from that evidence."
An oral employment agreement of indefinite duration is presumed to be terminable at will for any reason not contrary to law. Mers v. Dispatch Printing Co. (1985), 19 Ohio St.3d 100, 103, 19 OBR 261, 263, 483 N.E.2d 150, 153. Furthermore, at-will employment contracts may be terminated for any cause, at any time whatsoever, even if done in gross or reckless disregard for an employee 's rights. Phung v. Waste Management, Inc. (1986), 23 Ohio St.3d 100, 102, 23 OBR 260, 261, 491 N.E.2d 1114, 1116.
In Mers, supra, the court recognized two narrow exceptions to the employment-at-will doctrine which alter the terms for discharge and limit the at-will employment agreement. The only exception relevant to the case sub judice follows:
"The facts and circumstances surrounding an oral employment-at-will agreement, including the character of the employment, custom, the course of dealing between the parties, company policy, or any other fact which may illuminate the question, can be considered by the trier of fact in order to determine the agreement's explicit and implicit terms concerning discharge." Mers, supra, at paragraph two of the syllabus.
"Items such as employee hand-books, company policy or oral representations, however, will not serve to alter the terms for discharge from the general at-will situation of discharge for any reason unless the parties have a `meeting of the minds' that said items are to be considered valid contracts altering the terms for discharge." (Emphasis sic.) Turner v. SPS Technologies, Inc. (June 4, 1987), Cuyahoga App. No. 51945, unreported, at 5.
In Cohen. & Co. v. Messina (1985), 24 Ohio App.3d 22, 24, 24 OBR 44, 46, 492 N.E.2d 867, 870, the court addressed the mutual assent or "meeting of the minds" requirement of the Mers exception and stated:
"`Such [employee] manuals may be important in establishing the terms and conditions of employment [citation omitted]. However, in order for such manuals to be considered valid contracts, there must be a `meeting of thsminds' [citation omitted]. The parties must have a distinct and common intention which is communicated by each party to the other [party]." (Emphasis added.)
Thus, absent mutual assent or a "meeting of the minds" by the employer and e
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