 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Pfleger v. BP America6/27/1996
Plaintiff-appellant Jo Ann B. Pfleger appeals the decision of the trial court which granted summary judgment to defendant-appellee BP America, Inc., her employer in a wrongful discharge case. For the reasons stated below, we affirm.
The facts giving rise to this matter are as follows. Plaintiff Pfleger was hired as an employee of BP America, Inc. in August, 1983. She worked in various departments of BP America, Inc. until her termination in February, 1993. In July of 1986, she accepted a trainee position in the Retail Credit Card Center. Plaintiff was working in the Retail Credit Card Center when, in October, 1988, BP America, Inc., at her request, assigned her to a new position in the Patent and License Section as senior patent secretary. Plaintiff Pfleger's work record had been acceptable for ten years. BP America, Inc. offered a voluntary separation package to many of its employees due to the corporate decision to downsize. Pfleger chose not to take the voluntary separation package and sought a posted position in Master File in the Wholesale Accounting Department.
In October of 1992, plaintiff Pfleger was offered the position in Wholesale Accounting and transferred to that department. She was supervised by Lawrence Willis in the Master File group. On December 4, 1992, Willis and Pfleger discussed Willis's areas of concern as to Pfleger's job performance within the department. Pfleger provided a written response to her supervisor's discussion on December 5, 1992. On December 7, 1992, Willis sent a letter to plaintiff Pfleger detailing the areas of his concern, indicating dissatisfaction with her performance and offering her the opportunity to improve her performance. On January 22, 1993, Pfleger was notified by letter that she would be a probationary employee for the next thirty days. The letter itemized areas which needed improvement, including punctuality, attendance and improved performance of the duties required of her position. She was advised in the letter that she might be terminated at any time during the probationary period.
BP America, Inc. terminated plaintiff Pfleger on February 22, 1993 for a variety of stated reasons, including her inability to fully and properly complete work assignments, absenteeism and tardiness.
Pfleger filed suit against BP America, Inc., alleging five claims:
1) wrongful discharge;
2) breach of an implied covenant of good faith;
3) discrimination based upon a perceived disability;
4) negligent and/or intentional infliction of serious emotional distress; and
5) defamation.
Defendant BP America, Inc. filed a motion for summary judgment on all of plaintiff's claims. Plaintiff filed a memorandum in opposition. The trial court granted defendant's motion on March 30, 1995. Plaintiff Pfleger timely filed this appeal and raises the following sole assignment of error for our review:
THE TRIAL COURT ERRED IN GRANTING DEFENDANT'S MOTION FOR A SUMMARY JUDGMENT ON THE GROUND THAT PLAINTIFF HAS FAILED TO PRODUCE SUFFI- CIENT EVIDENCE TO SUPPORT HER CLAIMS OF WORK PLACE DISCRIMINATION ARISING OUT OF A DISABILITY OF MENTAL IMPAIRMENT AND CONTINUED EMPLOYMENT BASED ON PUBLIC POLICY, WHEN PLAINTIFF HAS PRODUCED MORE THAN SUFFICIENT EVIDENCE, AND BECAUSE GENUINE ISSUES OF MATERIAL FACT REMAIN FOR RESOLUTION AT TRIAL.
The trial court, in granting defendant-appellee BP America, Inc.'s motion for summary judgment, held:
Defendant's Motion for Summary Judgment has forced plaintiff to produce evidence on issues for which plaintiff bears the burden of production at trial. Plaintiff has failed to produce sufficient
Page 1 2 3 4 5 6 7 Ohio Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|