Court Cases Court Cases
AL  AK  AZ  AR  CA  CO  CT  DE  FL  GA  HI  ID  IL  IN  IA  KS  KY  LA  ME  MD  MA  MI  MN  MS  MO  MT  NE  NV 
NH  NJ  NM  NY  NC  ND  OH  OK  OR  PA  RI  SC  SD  TN  TX  UT  VT  VA  WA  WV  WI  WY  EO  NR  PR  DC  US 
 
View Case Details
 
Charles Alford, Appellant
vs.
Life Savers Inc., Appellee
 
Case:
No. 44439
 
Location:
Supreme Court of Nebraska
 
Date:
January 22, 1982, Filed
 
Headnotes:
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.
 
Attorneys:
Souchek & Kimble for appellant.
Blevens Blevens & Jacobs for appellee.
 
Court:
Krivosha, C.J. Boslaugh McCown Clinton Brodkey White and Hastings JJ.
 
Author:
Per Curiam
 

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 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.