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Ten Cate Enbi2/6/2004
FOR PUBLICATION
STATEMENT OF THE CASE
Appellant-Defendant, Ten Cate Enbi, Inc. (Enbi), appeals the trial court's judgment finding a breach of employment contract.
We affirm.
ISSUE
Enbi raises two issues on appeal, which we consolidate and restate as follows: whether the trial court properly granted summary judgment in favor of Appellee-Plaintiff, Julie Metz (Metz), on her breach of contract claim.
FACTS AND PROCEDURAL HISTORY
On June 17, 1992, Enbi offered Metz employment as the administrative assistant to the president of its new plant in Shelbyville, Indiana. In this position, Metz was responsible for office management, human resources, purchasing, scheduling, MIS and accounting functions. Metz accepted the position and entered into an employment agreement, with a specified three-year term ("1992 Agreement"). Upon the expiration of this term, Enbi offered Metz a new employment agreement (the "Agreement"), which she accepted and executed on August 29, 1995. This Agreement included a termination provision, which stipulated:
VIII. TERMINATION
This agreement and [Metz'] employment and rights hereunder shall terminate, except as otherwise provided, as follows:
(a) automatically on the date of [Metz'] death; (b) in the event of [Metz'] disability to perform her duties under this agreement and such disability continues for a period of one hundred and twenty consecutive days; (c) for cause. Cause shall mean (i) a reasonable certainty exists establishing that [Metz] has engaged in embezzlement, theft, misappropriation or conversion of any assets of [Enbi]; (ii) a material breach by [Metz] of a provision of this agreement or the Basic Business Regulations unless cured by [Metz] within ten days after [Enbi] gives [Metz] written notice thereof excepting that no notice need be given by [Enbi] in the event of a second material breach by [Metz] of the same provision, and (iii) [Metz'] failure or refusal to follow standard policies of [Enbi] or the reasonable directions of and guidelines established by the Board of Directors unless cured by [Metz] within ten days after [Enbi] gives [Metz] written notice thereof excepting that no notice need be given by [Enbi] in the event of a second material failure or refusal by [Metz] of the same policy, direction or guideline.
In the event of termination of employment under parts a or c (i) only, [Enbi's] only payment obligation to [Metz] will be to pay [Metz] her salary, benefits and incentive pay prorated through the date of termination.
In the event that the employment is terminated by [Enbi] for any other reason, parties have agreed as follows: [Enbi] shall be obligated to pay [Metz] only compensation equaling 12 months salary as of the date of separation. Salary for this purpose shall not include incentive bonus, merit increase or cost of living increase. Benefits outlined in Section III(a)-(e) of this Agreement will also be continued for a period of twelve (12) months.
The parties agree that in the event either one no longer desires to continue this Employment each shall give the other party thirty (30) days written notice.
(Appellant's App. pp. 35-6).
By memorandum, dated August 17, 2001, Enbi advised Metz and two of her co-workers, in pertinent part, as follows:
I understand that when [Enbi] began its operation here in Shelbyville, it was necessary to bring in a competent management team in order to get the plant off and running with minimum problems and delays. Accordingly, each of you were hired for your unique skills and you have each done an admirable job
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