Rothrock v. Rothrock Motor Sales9/28/2005
We granted allowance of appeal to determine whether the Superior Court erred in extending a previously created exception to the at-will employment doctrine. For the reasons that follow, we affirm.
The Appellees, Theodore Rothrock (Ted) and Douglas Rothrock (Doug), father and son, respectively, were employed as at-will employees at Rothrock Motor Sales, Inc. (Motor Sales). Bruce Rothrock (Bruce), Ted's brother, was Motor Sales' "owner" and president. Ted was Motor Sales' body shop manager, and Doug worked for Ted as a body shop technician. Accordingly, Ted (the father) was Doug's (the son) direct supervisor.
Doug alleged that he suffered a work-related injury to his neck unloading heavy computer equipment while working at Motor Sales on or about March 12, 1992. Doug reported his injury to Motor Sales' personnel coordinator on May 28, 1992, two months after the incident. On the same day, Motor Sales filed the mandated Employer's Report of Occupational Injury or Disease with the Bureau of Workers' Compensation. Ted was aware of the work-related injury, and that Doug had reported it to Motor Sales' personnel director in May. Accordingly, in June of 1992, when Bruce contacted Ted to ask whether he had any knowledge of Doug's pending workers' compensation (WC) claim, Ted responded that he knew nothing about a filed claim, but was aware of the incident and that Doug had reported it to Motor Sales' personnel director. Bruce was adamant that Doug had not been injured at work and argued that Doug had actually been hurt in May, 1989, in a stockcar accident.
Bruce instructed Ted to have Doug sign a form releasing Motor Sales and thereby waiving Doug's WC benefits. As the Superior Court noted, Ted testified at trial that Bruce told him: " f I didn't do this, not one [presumably Doug] would be gone, two [presumably Doug and Ted] would be gone. Meaning that if I didn't get it done, not one [would be] fired, two are fired." Ted spoke to Doug sometime in June of 1992 about not pursuing his WC claim, explaining that if Doug did not sign the release abrogating his rights under the Workers' Compensation Act, Bruce would fire them both. Doug initially agreed to sign the release. Ted testified that Doug said, "Dad, to save your job, I will sign it." Ted evidently had a change of heart, and later told Doug that he need not sign the release. Doug presumably took his father's offer to heart, as he declined to execute the release. Notwithstanding his refusal to waive his benefits, Doug did not file a formal claim with the Bureau of WC during this time period.
On June 17, 1992, Doug underwent surgery for the removal of a herniated cervical disk. Dr. Yonas Zegeye performed the surgery, and subsequently proffered her expert opinion that Doug's injury was the result of his lifting of heavy computer equipment while at work. Approximately a month thereafter, on July 16, 1992, Bruce called a meeting and requested that his son, Bruce Jr., Ted, Doug, and Doug's wife attend. The purpose of the meeting was to attempt to coerce Doug into signing the release of his WC benefits. Again, as noted by the Superior Court, Ted's testimony during the trial of this case described the meeting as follows: "[Bruce] gave Doug a paper and he said, 'Doug I want this signed;' and Doug responded, 'Uncle Bruce, I can't sign this paper.'" Thereafter, Bruce and Doug got into an argument which escalated to the point where Bruce told Doug, "get the 'f' out of the shop, you're fired," causing Doug and his wife to exit the meeting. Bruce then turned his attention to Ted telling him: "remember what I told you." Ted took this to mean that he was also fired because he had not convinced Doug to sign the release. Ted gathere
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