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Crawford Rehabilitation Services Inc. v. Weissman6/9/1997
EN BANC
JUSTICE KOURLIS delivered the Opinion of the Court.
JUSTICE MULLARKEY Dissents.
This case arises out of the termination of Susan Weissman by her former employer, Crawford Rehabilitation Services, Inc., and its successor, Crawford and Company, Inc. (collectively, Crawford). Weissman sued Crawford alleging causes of action for breach of implied contract, promissory estoppel, outrageous conduct, and wrongful discharge. During the course of discovery Crawford learned that Weissman had made fraudulent misrepresentations on her application for employment with Crawford. In Weissman v. Crawford Rehabilitation Services, Inc., 914 P.2d 380 (Colo. App. 1995), the court of appeals concluded that the evidence of Weissman's resume fraud could bar her claims for breach of implied contract and promissory estoppel if Crawford reasonably relied on Weissman's misrepresentations at the time it hired her. However, in reliance upon McKennon v. Nashville Banner Publishing Co., 513 U.S. 352, 130 L. Ed. 2d 852, 115 S. Ct. 879 (1995), the court of appeals also held that the after-acquired evidence that Weissman fraudulently completed her application for employment could be used as only a limited defense to the claim for wrongful discharge. The court of appeals remanded the claims to the trial court for further proceedings.
We granted certiorari to review certain aspects of the court of appeals opinion. We now adopt the after-acquired evidence doctrine and hold that evidence of Weissman's resume fraud completely bars her claims for promissory estoppel and breach of implied contract. We conclude that Weissman failed to state a cognizable claim for wrongful discharge and therefore do not reach the scope of the application of the after-acquired evidence doctrine to wrongful discharge claims. We reverse the court of appeals and remand with instructions to reinstate the trial court's decision dismissing Weissman's claims.
I.
Plaintiff Susan Weissman was employed as a clerical typist by Crawford for approximately eighteen months, from July 1988 until January 1990. On January 25, 1990, Weissman asked permission to take a personal holiday on Monday, January 29. Crawford alleges that this request was in contravention of its policy requiring employees to schedule personal holidays two weeks in advance. Weissman's supervisor denied the request, but Weissman stated her intention to take the day off anyway. On January 26, Weissman was absent from work without permission.
Crawford alleges that on January 26 it made the decision to terminate Weissman based on her insubordination in declaring her intent to take a personal holiday after her request had been denied and her unexcused absence on January 26. Crawford's Denver office requested Weissman's final paycheck on the 26th and the home office in Atlanta issued the check on that date. Consistent with her stated plans, Weissman did not report for work on January 29, and Crawford discharged her when she did return to work on January 30, 1990.
Following her termination, Weissman filed a complaint against Crawford stating causes of action for breach of implied contract, promissory estoppel, outrageous conduct, and wrongful discharge, seeking compensatory and punitive damages. The claims for breach of implied contract and promissory estoppel were based on the assertion that Crawford breached its duty to adhere to termination procedures set forth in an employee's manual that was in effect during the period of Weissman's employment with Crawford. In the claim for outrageous conduct, Weissman asserted that Crawford's reliance upon too many unexcused absences as a ground for termination was outrageo
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