Frederick Harms v. Jim Jeffries

MEMORANDUM

1. The district court correctly determined that Frederick Harms did not have an express or implied employment contract with Power County. The Power County Personnel Manual, adopted by reference in Power County Ordinance § 1-6-2, does not create a contractual entitlement to continued employment. The second page of the manual conspicuously states that it “is not a contract,” and Harms signed an acknowledgment form indicating he understood that the manual was not an employment contract. Taken together, the disclaimer and the acknowledgment foreclose any argument that the manual created an express or implied employment contract between Harms and Power County. See Parker v. Boise Telco Fed. Credit Union, 129 Idaho 248 , 923 P.2d 493, 500 (1996).

By signing the acknowledgment, Harms expressly agreed that he was an at-will employee. This agreement supersedes any verbal assurances Harms received when he was hired. See Bollinger v. Fall River Rural Elec. Coop., 152 Idaho 632 , 272 P.3d 1263 , 1269-70 & n. 3 (2012). The handbook’s discussion of cause and procedural requirements for terminating employees did not alter the at-will nature of Harms’ employment, particularly given…