## Facts

- Michael Harvey worked for The Wackenhut Corporation (TWC).
- Harvey received an employee handbook as part of his employment.
- The handbook stated it did not create a contract of employment between TWC and any employee.
- The handbook also stated TWC could discharge employees at any time and for any reason.
- TWC conducted an internal investigation and requested Harvey’s cooperation.
- Harvey refused to cooperate with the investigation.
- TWC terminated Harvey’s employment.
- Harvey sued TWC for breach of an employment contract, claiming TWC lacked contractual grounds to discharge him.
- The trial court granted summary judgment to TWC.
- Harvey appealed.

## Issues

1. Whether TWC’s employee handbook created an enforceable employment contract that limited TWC’s ability to discharge Harvey.
2. Whether the handbook’s disclaimer and at-will language preserved Harvey’s at-will employment status as a matter of law.
3. Whether summary judgment was proper where Harvey, opposing summary judgment, failed to produce specific facts showing a triable issue on contract formation or breach.

## Decision

- The appellate court affirmed summary judgment for TWC.
- The court concluded the handbook’s express disclaimer and reservation of the right to discharge employees at any time for any reason meant Harvey remained an at-will employee.
- Because Harvey was an at-will employee, he could be terminated without breaching an employment contract.
- Harvey’s refusal to cooperate with TWC’s internal investigation did not establish a contractual limitation on termination, and he did not present evidence creating a genuine fact dispute on the existence of a contract altering at-will status.

## Legal Principles

- Summary judgment is appropriate when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law; the opposing party must come forward with specific facts showing a genuine issue for trial.
- Employment is presumed at-will unless the parties form an agreement changing that status.
- An employee handbook may form contractual terms only if it contains a definite offer of employment terms and is not negated by a clear disclaimer.
- A handbook provision stating it is not a contract, together with language reserving the employer’s right to discharge employees at any time for any reason, generally prevents the handbook from creating contractual job-security rights.

## Conclusion

The court affirmed summary judgment for TWC because the employee handbook expressly disclaimed any contract and reserved TWC’s right to discharge employees at any time for any reason, leaving Harvey as an at-will employee and defeating his breach-of-employment-contract claim arising from his termination after refusing to cooperate with an internal investigation.


Harvey v. Wackenhut Corp., 2006 WL 1605547 (2006)