## Facts

- Jerry M. Worley was hired in 1980 by Wyoming Bottling Company, Inc. and became sales manager; he worked in that position until his termination in January 1996.
- At hiring, Worley signed an employment application containing an at-will disclaimer.
- During his employment, Worley also signed a non-compete agreement with at-will language and received an employee handbook containing multiple at-will disclaimers.
- Worley had a strong performance history, with minimal sick leave and numerous commendations, awards, and raises.
- In 1995, management increased sales goals and Worley perceived threats of termination; Worley told management he would quit unless assured his job was secure.
- Worley alleged that his supervisor and the company president assured him his job was safe “for as long as he wanted it,” and he stayed rather than resigning.
- After he was terminated, Worley sued for breach of contract, promissory estoppel, breach of the implied covenant of good faith and fair dealing, and intentional infliction of emotional distress (IIED).
- The district court granted summary judgment to the employer on all claims.

## Issues

1. Whether Worley was an at-will employee as a matter of law given written disclaimers, or whether alleged oral assurances and course of dealing could create contractual limits on termination.
2. Whether Worley presented triable facts supporting promissory estoppel based on alleged job-security promises and reliance.
3. Whether Worley established the “special relationship” required in Wyoming to pursue the tort claim for breach of the implied covenant of good faith and fair dealing.
4. Whether disputed facts could allow a reasonable jury to find extreme and outrageous conduct and severe distress sufficient for IIED.

## Decision

- The Wyoming Supreme Court reversed summary judgment on breach of contract, promissory estoppel, and IIED, and remanded those claims for further proceedings.
- The court affirmed summary judgment for the employer on the tort claim for breach of the implied covenant of good faith and fair dealing.
- The court held that material factual disputes existed regarding the effect of the written at-will disclaimers and the alleged oral job-security assurances.
- The court held that the promissory estoppel elements presented fact questions on the summary-judgment record.
- The court held that the evidence, viewed favorably to Worley, raised jury questions on whether the employer’s conduct was outrageous and whether Worley suffered severe emotional distress.

## Legal Principles

- Employment is presumed at-will, but employer representations, policies, and course of dealing may create contractual limitations on termination; when the meaning and effect of alleged assurances are disputed, contract formation/modification issues may be for the factfinder.
- Written at-will disclaimers are relevant but not necessarily conclusive; their legal effect may depend on context and the parties’ dealings.
- Promissory estoppel in employment requires a definite promise, reasonable and foreseeable reliance, actual reliance, and a showing that enforcement is necessary to avoid injustice; whether these elements are met may present fact questions.
- Wyoming recognizes a narrow tort for breach of the implied covenant of good faith and fair dealing in employment only when a “special relationship” of trust and reliance is shown (commonly involving denial of earned benefits or frustration of a recognized right); longevity and good performance alone are insufficient.
- IIED requires extreme and outrageous conduct, intent or recklessness, and severe emotional distress; where reasonable inferences differ on outrageousness and severity, the claim may go to the jury.

## Conclusion

The court held that disputed evidence about job-security assurances, reliance, and the circumstances of termination required trial on breach of contract, promissory estoppel, and IIED, but it rejected the good-faith tort claim because Worley did not show the special relationship Wyoming law requires.


Worley v. Wyo. Bottling Co., 1 P.3d 615 (Wyo. 2000)