From Casetext: Smarter Legal Research

O'Connor v. Eastman Kodak Company

Court of Appeals of the State of New York
Jun 6, 1985
65 N.Y.2d 724 (N.Y. 1985)

Summary

affirming summary judgment for employer where there was no express limitation of defendant's common-law right

Summary of this case from Tranello v. Frey

Opinion

Decided June 6, 1985

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Thomas J. Mirabile, J.

George A. Burrell for appellant.

Robert MacCrate for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

An employer has the right to terminate employment at will at any time and for any reason or no reason, except as that right may have been limited by express agreement with the employee or in a collective bargaining agreement of which the employee is a beneficiary ( Murphy v American Home Prods. Corp., 58 N.Y.2d 293; Weiner v McGraw-Hill, Inc., 57 N.Y.2d 458; Parker v Borock, 5 N.Y.2d 156).

In support of his cause of action for breach of an employment contract, plaintiff does not rely upon any specific representation made to him during the course of his employment interviews, a provision of a collective bargaining agreement or a policy incorporated in a company handbook referred to during the interviews or thereafter adopted which expressly limited defendant's common-law right. Rather he relies upon the popular perception of Kodak as a "womb to tomb" employer and its "Performance Appraisal System" requiring periodic evaluation of each employee. Nothing in that system or in the company handbooks in the record establishes that Kodak promised more than that it would strive to maintain stable employment and to evaluate performance fairly. To the contrary, the "Termination Allowance Plan" expressly stated that if "employment terminates because of discharge," the discharged employee would not qualify for termination allowance. Defendant Kodak was, therefore, properly granted judgment dismissing the first cause of action.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.


Summaries of

O'Connor v. Eastman Kodak Company

Court of Appeals of the State of New York
Jun 6, 1985
65 N.Y.2d 724 (N.Y. 1985)

affirming summary judgment for employer where there was no express limitation of defendant's common-law right

Summary of this case from Tranello v. Frey

In O'Conner, the employee grounded his claim upon the "... popular perception of Kodak as a `womb to tomb' employer..." and Kodak's "Performance Appraisal System," which required periodic evaluation of each employee.

Summary of this case from Townsend v. Harrison Radiator Division, General Motors Corp.
Case details for

O'Connor v. Eastman Kodak Company

Case Details

Full title:ROBERT F. O'CONNOR, Appellant, v. EASTMAN KODAK COMPANY, Respondent

Court:Court of Appeals of the State of New York

Date published: Jun 6, 1985

Citations

65 N.Y.2d 724 (N.Y. 1985)
492 N.Y.S.2d 9
481 N.E.2d 549

Citing Cases

Rooney v. Tyson

This is not simply a chicken-or-egg-which-comes-first puzzle; it is the sensible, analytical progression.…

Wilds v. United Parcel Service, Inc.

Arledge v. Stratmar Systems. Inc. (2d Cir. 1991) 948 F.2d 845, 847. "An employer has the right to terminate…