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Purdy v. Wright Tree Service10/4/2005
FOR PUBLICATION
STATEMENT OF THE CASE
Plaintiff-Appellant Russell Purdy appeals the trial court's entry of summary judgment in favor of his previous employer, Defendant-Appellee Wright Tree Service, Inc. (Wright), on his complaint for retaliatory discharge.
We affirm.
ISSUE
Purdy presents one issue for our review, which we restate as: whether the trial court properly granted summary judgment in favor of Wright.
FACTS AND PROCEDURAL HISTORY
Purdy was employed by Wright. In May 2002, Purdy was injured on the job, and reported the injury to Michael Williams, his crew foreman. However, based upon comments made by Williams, Purdy waited to make any further report or seek medical attention. After several days, Purdy was still in pain, and he asked Williams to inform the general foreman, Paul Forkell, that he needed medical attention. Purdy was sent for medical treatment and was restricted from returning to work. Wright placed Purdy on leave pursuant to the Family Medical Leave Act (FMLA). When the 12-week FMLA period had expired and Purdy was unable to return to work, he was terminated. Purdy filed a claim against Wright for retaliatory discharge, and Wright filed a motion for summary judgment. The trial court granted Wright's motion, and this appeal ensued.
DISCUSSION AND DECISION
Purdy contends that the trial court erred by granting summary judgment in favor of Wright with regard to Purdy's claim for retaliatory discharge. Specifically, Purdy asserts that summary judgment was improper because the evidence reveals a genuine issue of material fact as to whether Wright has an ascertainable, neutrally applied absenteeism policy; whether that policy, if it exists, is merely a device to restrain Wright employees from filing worker's compensation claims; and whether the remarks of a Wright foreman constitute an impermissible threat of discharge.
Our standard of review for a trial court's grant or denial of a motion for summary judgment is well settled. Summary judgment is appropriate only where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56(C); Illiana Surgery & Medical Center, LLC. v. STG Funding, Inc., 824 N.E.2d 388, 396 (Ind. Ct. App. 2005). Appellate review of a summary judgment motion is limited to those materials designated to the trial court. Illiana, 824 N.E.2d at 396. We do not reweigh the designated evidence, Metal Working Lubricants Co. v. Indianapolis Water Co., 746 N.E.2d 352, 355 (Ind. Ct. App. 2001); rather, all facts and reasonable inferences drawn therefrom are construed in favor of the non-movant. Illiana Surgery, 824 N.E.2d at 396. A grant of summary judgment may be affirmed upon any theory supported by the designated evidence. Metal Working, 746 N.E.2d at 355. Further, we carefully review the granting of summary judgment to ensure that a party was not improperly denied its day in court. Illiana Surgery, 824 N.E.2d at 396.
In Indiana, if there is no definite or ascertainable term of employment, the employment is at-will, and the employer may discharge the employee at any time with or without cause. Coutee v. Lafayette Neighborhood Housing Services, Inc., 792 N.E.2d 907, 911 (Ind. Ct. App. 2003), trans. denied, 812 N.E.2d 794 (Ind. 2004). There are three exceptions to the employment-at-will doctrine, one of which is a public policy exception. See id. (listing the three exceptions to employment-at-will doctrine). The public policy exception was established by our supreme court in Frampton v. Central Indiana Gas Co., 260 Ind. 249, 297 N.E.2d 425 (1973). There, the court held t
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