Elliott v. Board of Trustees of Montgomery County Community College

James Elliott (plaintiff) was an employee of Montgomery County Community College (defendant). At the time of his hiring in 1979, Elliott was provided a copy of the college’s Policies and Procedures Manual to read. In 1988, Elliott was promoted to a supervisory position and provided his copy of the Policies and Procedures Manual. Also in 1988, the college issued a new Policies and Procedures Manual with a disclaimer in the introduction to the manual stating that the manual did not create an express or implied employment contract. The new Policies and Procedures Manual, distributed college-wide, was accompanied by a two-page memorandum stating that the purpose of the new manual was to make the manual easier to reference. In 1992, Elliott was accused of sexually harassing a female colleague. Elliott was demoted from his position and notified, in writing, that any further disciplinary issue could result in immediate termination. In 1993, Elliott was caught leaving work before the end of his shift on several occasions and terminated by the college in accordance with the Policies and Procedures Manual. No evidence of bad faith on behalf of the college was shown. Elliott filed a lawsuit against the college, alleging a breach of an employment contract. The college filed a motion for summary judgment, pointing to the disclaimer in the 1988 Policies and Procedures Manual. Elliott responded that he had not seen the disclaimer. The trial court granted summary judgment in favor of the college, and Elliott appealed.