Garcia v. UniWyo Federal Credit Union

MACY, Justice,

dissenting.

I must dissent from the majority’s holding in this case because I am not convinced that we can ignore UniWyo’s Personnel Policy P-3. That policy expressly rebutted the presumption that Garcia was an “at-will” employee by stating that all new employees serve a six-month probationary period and by specifically declaring that an employee’s discharge would be for cause. See, e.g., Loghry v. Unicover Corporation, 878 P.2d 510 (Wyo.1994); Lincoln v. Wackenhut Corporation, 867 P.2d 701 (Wyo.1994). Questions of fact, therefore, remain as to whether or not UniWyo had just cause to terminate Garcia’s employment. The summary judgment which the district court granted in favor of UniWyo should be reversed, and the case should be remanded for further proceedings.