Adcock v. Newtec, Inc., 70103
| Decision Date | 17 December 1996 |
| Docket Number | No. 70103,70103 |
| Parties | Charles A. ADCOCK, Plaintiff-Appellant, v. NEWTEC, INC., Respondent-Respondent. |
| Court | Missouri Court of Appeals |
Seigel & Wolff, P.C., Charles A. Seigel, III, Michael A. Wolff, St. Louis, for plaintiff-appellant.
Lewis, Rice & Fingersh, L.C., Curtis C. Calloway, St. Louis, for respondent-respondent.
Former employee, Charles Adcock, appeals from; (1) a judgment granting summary judgment in favor of defendant-employer, Newtec, Inc. (Newtec) on his claim of damages for wrongful discharge; and, (2) dismissal of his alternative claim for wrongful failure to renew his employment contract. The trial court found: (1) Adcock was a contract employee, thus, not entitled to recover on a claim of wrongful discharge; and, (2) the allegations of failure to renew a contract did not state a cause of action.
Newtec employed Adcock in October 1989 as vice president of sales. In his verified memorandum in opposition to Newtec's motion for summary judgment, Adcock asserted that he was an at-will employee. However, he testified in a deposition that Exhibit A, an "unexecuted" copy of an agreement, governed the terms and conditions of his employment with Newtec. Newtec's copy, Exhibit A, was signed by an employee of Newtec. It was not signed by Adcock. During a deposition Adcock was asked, "It is your recollection that both parties signed [the agreement] at one point or another; is that right?" Adcock answered, "Right, correct." Adcock also testified the agreement provided three years of guaranteed employment initially and guaranteed employment for one year periods thereafter unless the contract was terminated by one of the parties. This testimony is inconsistent with his contention he must be judged as an at-will employee. The agreement provided:
3. Term of Agreement. This Agreement shall commence October 9, 1989, and continue in full force and effect until October 9, 1992. Unless terminated as described below, this Agreement shall continue in full force and effect from year to year thereafter unless either party terminates the Agreement by giving notice to the other at least six (6) months before the expiration of the then existing term.
Adcock alleged in his petition that his employment relationship was terminated because he (1) refused to authorize salary termination payments, based on false invoices, for a discharged employee; and, (2) reported the false invoicing activity to other Newtec personnel. Missouri recognizes a wrongful discharge cause of action under a public policy exception to the at-will employment doctrine. Shawcross v. Pyro Products, Inc., 916 S.W.2d 342, 343 (Mo.App. E.D.1995). There are four categories of public policy exception cases: (1) discharge of an employee because of his or her refusal to perform an illegal act; (2) discharge of employee because he or she reported a violation of law or public policy by their employers or fellow employees; (3) discharge of employee for actions which sound public policy would encourage; i.e., acceptance of jury duty position and seeking public office; and, (4) discharge of employee for filing a worker's compensation claim. Clark v. Beverly Enterprises-Missouri, 872 S.W.2d 522, 525 (Mo.App. W.D.1994). Adcock's claim of wrongful discharge falls under the first two categories.
In the fall of 1992, Newtec hired a temporary secretary from RemedyTemp, Inc. to work with Adcock. Adcock, displeased with the secretary's work, fired her the Monday after Thanksgiving. She was to work for one week (40 hours) after receiving notice of termination. She only worked 21 hours. Adcock refused to approve payment for 40 hours. Thomas Oleksy, the president of Newtec, approved the payment. Adcock sent a note, dated December 29, 1992, to a fellow employee questioning the validity of time sheets submitted for the secretary and expressing his reservations for paying a secretary for hours she did not work. On March 7, 1994, Oleksy gave Adcock written notice of his termination in accordance with the employment agreement. Newtec met every contract obligation until the date of Adcock's termination on October 9, 1994. Adcock was not required to work but was paid his salary and benefits.
Adcock argues the trial court erred in granting summary judgment in favor of Newtec on his claim of wrongful discharge because the discharge violated a...
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