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Murcott v. Best Western International8/31/2000
ermined, however, that the employee was not eligible to receive that bonus during that fiscal year. Unruh and Huff testified that Mathis' reason did not justify Murcott's termination.
As Murcott points out, the reasons given for his discharge varied from witness to witness and expanded to include new reasons by the time of trial. But this evidence fails to suggest any conspiracy or "evil mind" or to mislead Murcott about the basis for his discharge. Moreover, in contrast to the subterfuge in Thompson, these alleged pretextual representations all arose after Murcott's employment ended. No effort by Best Western appears to mislead Murcott during his employment. We affirm the trial court's grant of the directed verdict on punitive damages.
III. CONCLUSION
Sufficient probative evidence exists to sustain the denial of Best Western's JMOL on liability for wrongful discharge in violation of public policy. Murcott failed to produce sufficient evidence to justify the reversal of the JMOL on punitive damages. Accordingly, we affirm the trial court's decision in all respects.
Rudolph J. Gerber, Judge
CONCURRING:
Rebecca White Berch, Presiding Judge
Ann A. Scott Timmer, Judge
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