Young v. Wheeler , 706 P.2d 552 ( 1985 )

HANSEN, Judge,

dissenting.

Elemental to the majority’s affirmance is the holding Appellant’s petition cannot be amended to state a cause of action against Defendants. The trial court apparently reasoned because Appellant was terminated for cause and had no vested right to his job he could not have been deprived of any due process or other constitutional protections on which to base a cause of action.

If this were the extent of Appellant’s petition I might agree. The core of Appellant’s lengthy, but not inarticulate, petition is not that he was fired improperly but rather that Defendants were negligent in hiring him knowing the statutory age requirement, and knowing he was under 21 years of age and failing to inform him of this requirement. Appellant is not asking for reinstatement, he is seeking damages.

The statutory minimum age requirement has been in effect since May of 1974. Appellant alleges he stated his correct age on the application, but was not told of the age restriction. The allegations of his petition, broadly construed, could imply a duty on the part of the Defendants to screen applicants and inform them, before employing them, if they do not meet age requirements.

Appellant alleges Defendants breached this duty by disregarding “the data supplied”. He further alleges Defendants’ breach of their duty caused him extensive damages, including inability to obtain other employment, loss of his car, loss of his unborn child and various episodes of embarrassment to him by prison officials.

Although the majority surmises the statutory age requirement was enacted to insure the efficient operation of correctional facilities, it could be considered as a requirement protective of an employee in a hazardous position.

Cases are legion requiring a liberal construction of pleadings in the face of a demurrer, and in holding a trial court should be liberal in allowing amendments to pleadings. In disallowing Appellant the right to amend his petition, the majority enunicates a principle of law in Oklahoma not heretofore considered. It holds that under no set of facts could an employer ever be burdened with a duty to those it hires, to abide by the statutory qualifications for employment. Thus Appellant could never amend his petition with sufficient facts to state a cause of action. I do not believe this to be the law in Oklahoma.

I respectfully dissent.