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Alford v. Life Savers, Inc.

Supreme Court of Nebraska
Jan 22, 1982
315 N.W.2d 260 (Neb. 1982)

Summary

affirming dismissal of petition which alleged that employer negligently terminated employee

Summary of this case from Huegerich v. IBP, Inc.

Opinion

No. 44439.

Filed January 22, 1982.

Employment Contracts: Termination of Employment. When the employment is not for a definite term, and there are no contractual or statutory restrictions upon the right of discharge, an employer may lawfully discharge an employee whenever and for whatever cause he chooses, without incurring liability.

Appeal from the District Court for Seward County: BRYCE BARTU, Judge. Affirmed.

Souchek Kimble for appellant.

Blevens, Blevens Jacobs for appellee.

Submitted without oral argument. KRIVOSHA, C.J., BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.


The plaintiff appeals from an order dismissing the amended petition after a demurrer to the amended petition had been sustained.

The amended petition alleged that the plaintiff had been employed by the defendant as a salesman. On February 2, 1978, the plaintiff's employment was terminated by his supervisor, an employee of the defendant, allegedly without notice and without cause. The amended petition further alleged that the defendant was negligent in failing to exercise proper supervision and control over the plaintiff's supervisor; in failing to ascertain whether the reasons given for the termination of the plaintiff's employment were truthful; in failing to ascertain whether the termination of the plaintiff's employment violated company policy; in failing to ascertain whether a valid reason existed for termination of the plaintiff's employment; and in failing to ascertain whether the plaintiff's supervisor properly carried out his duty as supervisor. The plaintiff prayed for damages in the amount of $31,815.

There is no allegation in the petition that the plaintiff had any right of continued employment. When the employment is not for a definite term, and there are no contractual or statutory restrictions upon the right of discharge, an employer may lawfully discharge an employee whenever and for whatever cause he chooses, without incurring liability. Mau v. Omaha Nat. Bank, 207 Neb. 308, 299 N.W.2d 147 (1980). See, also, Stewart v. North Side Produce Co., 197 Neb. 245, 248 N.W.2d 37 (1976).

The amended petition failed to state a cause of action and was subject to demurrer. The judgment dismissing the amended petition is affirmed.

AFFIRMED.


Summaries of

Alford v. Life Savers, Inc.

Supreme Court of Nebraska
Jan 22, 1982
315 N.W.2d 260 (Neb. 1982)

affirming dismissal of petition which alleged that employer negligently terminated employee

Summary of this case from Huegerich v. IBP, Inc.

rejecting negligent termination cause of action

Summary of this case from Vice v. Conoco, Inc.

In Alford v. Life Savers, Inc., 210 Neb. 441, 315 N.W.2d 260 (1982), the plaintiff sought damages for his alleged wrongful discharge.

Summary of this case from Mueller v. Union Pacific Railroad
Case details for

Alford v. Life Savers, Inc.

Case Details

Full title:CHARLES ALFORD, APPELLANT, v. LIFE SAVERS, INC., APPELLEE

Court:Supreme Court of Nebraska

Date published: Jan 22, 1982

Citations

315 N.W.2d 260 (Neb. 1982)
315 N.W.2d 260

Citing Cases

Ambroz v. Cornhusker Square Ltd.

222 Neb. at 832, 387 N.W.2d at 695, citing Morris v. Lutheran Medical Center, 215 Neb. 677, 340 N.W.2d 388…

Vice v. Conoco, Inc.

1991) (negligence in making termination decision not actionable in Michigan); Kittelson v. Archie Cochrane…