Mead Johnson and Co. v. Oppenheimer, No. 1-883A264
| Docket Nº | No. 1-883A264 |
| Citation | 458 N.E.2d 668 |
| Case Date | January 16, 1984 |
| Court | Court of Appeals of Indiana |
Page 668
99 Lab.Cas. P 55,434
v.
John OPPENHEIMER, Plaintiff-Appellee.
First District.
Page 669
Thomas O. Magan, Robert H. Brown, Kahn, Dees, Donovan & Kahn, Evansville, Robert J. Fair, Fair, Nixon & Stilwell, Princeton, for defendant-appellant.
David Jones, Bowers, Harrisoin, Kent & Miller, Evansville, Gregory F. Hahn, William T. Rosenbaum, Dillon, Hardamon & Cohen, Indianapolis, for plaintiff-appellee.
NEAL, Presiding Judge.
This is an interlocutory appeal from an order of the Gibson Circuit Court denying defendant-appellant, Mead Johnson and Company's (Mead Johnson), motion for summary judgment in an action brought by plaintiff-appellee, John Oppenheimer (Oppenheimer), who sought to recover damages for his discharge from employment.
We reverse.
From 1972 through 1981 Oppenheimer was employed by Mead Johnson at its Evansville location, and his employment was at will or for an indefinite period of time. On November 19, 1981, Oppenheimer deliberately cut off both thumb sections from a pair of company-owned work gloves that had been issued to a co-worker. Oppenheimer's supervisor and other lower management officials imposed on Oppenheimer a one day work suspension without pay for destruction of company property. Upon reviewing the incident, top level management fired Oppenheimer for the deliberate destruction of company property.
Restated, Mead Johnson presents the following issue on appeal:
Whether Oppenheimer was employed at will, and therefore subject to discharge with or without cause.
It is undisputed by either party that Oppenheimer's employment was indefinite and thus terminable at the will of either party. At his deposition, Oppenheimer testified that the company never had employed him for a specific period of time and that he could have quit his job at any time. Mead Johnson cites Ohio Table Pad Co. of Indiana v. Hogan, (1981) Ind.App., 424 N.E.2d 144, for the proposition that Indiana courts have consistently followed the employment at will doctrine under which an employee at will may be discharged by his employer for any cause whatsoever, or for no cause, without giving rise to an action for damages. Miller v. Review Board, (1982) Ind.App., 436 N.E.2d 804; Campbell v. Eli Lilly and Company, (1980) Ind.App., 413 N.E.2d 1054; and Martin v. Platt, (1979) 179 Ind.App. 688, 386 N.E.2d 1026.
In response, Oppenheimer insists that the trial court was unable to determine as a matter of law that the employment contract was not ambiguous or uncertain. Mead Johnson points out, however, that
Page 670
Oppenheimer has failed to identify any ambiguous or uncertain contract terms referred to in his brief. Furthermore, at no time has Oppenheimer disputed the fact that the duration of his employment was indefinite.Throughout his brief, Oppenheimer mistakenly characterizes Mead Johnson's appeal as one from a negative judgment. This is an appeal from the trial court's denial of Mead Johnson's motion for summary judgment. When determining whether summary judgment should be granted, the trial court must consider the facts contained in the opponent's affidavits as true and resolve all doubts against the movant. Abex Corporation v. Vehling, (1983) Ind.App., 443 N.E.2d 1248. The Court of Appeals stands in the shoes of the trial court when reviewing the grant or denial of a summary judgment motion. Wallace v. Indiana Insurance Company, (1981) Ind.App., 428 N.E.2d 1361. Our task is to determine whether there is any genuine issue of material fact and whether the law was correctly applied. Campbell, supra.
This court recently reaffirmed the employment at will rule in Pepsi-Cola General Bottlers, Inc. v. Woods, (1982) Ind.App., 440 N.E.2d 696, 697, 699, and said:
"In Indiana the general rule governing both oral and written employment contracts is well settled. If the tenure of service cannot be determined...
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Atkins v. School Com'rs of City of Indianapolis, No. IP 92-120 C.
...Indiana law, there are two types of employment relationships: (1) employment at will, see, e.g., Mead Johnson and Co. v. Oppenheimer, 458 N.E.2d 668, 670 (Ind.App. 1st Dist.1984), and (2) employment for a definite term. See, e.g., Peterson v. Culver Educational Foundation, 402 N.E.2d 448, 4......
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Gries v. Zimmer, Inc., No. C-C-87-0576-P
...time for good cause, bad cause, or for no cause at all without giving rise to an action for damages. Mead Johnson & Co. v. Oppenheimer, 458 N.E.2d 668, 669-670 (Ind.Ct.App.1984); Miller v. Review Bd. of Indiana Employment Sec. Div., 436 N.E. 2d 804, 807 (Ind.Ct.App.1982); see also Reeder-Ba......
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Mart v. Forest River, Inc., No. 3:10 CV 118.
...does not create a claim since [plaintiff] provided no additional independent consideration.”); Mead Johnson and Co. v. Oppenheimer, 458 N.E.2d 668, 671 (Ind.Ct.App.1984) ( “Employee handbooks are immaterial without an enforceable agreement between the employer and employee of employment for......
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Rice v. Rent-A-Center of America, Inc., No. S85-187.
...diligence in mitigation of damages could have earned in other employment since the discharge". Mead Johnson and Company v. Oppenheimer, 458 N.E.2d 668, 670 (Ind.App. 1984); see also Indiana State Symphony Society, Inc. v. Ziedonis, 171 Ind.App. 292, 359 N.E.2d 253 (1976); Rochester Capital ......
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Atkins v. School Com'rs of City of Indianapolis, No. IP 92-120 C.
...Indiana law, there are two types of employment relationships: (1) employment at will, see, e.g., Mead Johnson and Co. v. Oppenheimer, 458 N.E.2d 668, 670 (Ind.App. 1st Dist.1984), and (2) employment for a definite term. See, e.g., Peterson v. Culver Educational Foundation, 402 N.E.2d 448, 4......
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Gries v. Zimmer, Inc., No. C-C-87-0576-P
...time for good cause, bad cause, or for no cause at all without giving rise to an action for damages. Mead Johnson & Co. v. Oppenheimer, 458 N.E.2d 668, 669-670 (Ind.Ct.App.1984); Miller v. Review Bd. of Indiana Employment Sec. Div., 436 N.E. 2d 804, 807 (Ind.Ct.App.1982); see also Reeder-Ba......
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Rice v. Rent-A-Center of America, Inc., No. S85-187.
...diligence in mitigation of damages could have earned in other employment since the discharge". Mead Johnson and Company v. Oppenheimer, 458 N.E.2d 668, 670 (Ind.App. 1984); see also Indiana State Symphony Society, Inc. v. Ziedonis, 171 Ind.App. 292, 359 N.E.2d 253 (1976); Rochester Capital ......
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Shannon v. Bepko, No. IP 87-327-C.
...have been unequivocal in their rejection of alleged property rights based on employee handbooks. In Mead Johnson and Co. v. Oppenheimer, 458 N.E.2d 668 (Ind.Ct.App.1984), the Court of Appeals of Indiana declared "employee handbooks are immaterial without an enforceable agreement between the......