Cook v. American Gateway Bank

49 So. 3d 23, 2010 La. App. LEXIS 1279, 2010 WL 3517946
CourtLouisiana Court of Appeal
DecidedSeptember 10, 2010
DocketNo. 2010 CA 0295
StatusPublished
Cited by13 cases

This text of 49 So. 3d 23 (Cook v. American Gateway Bank) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. American Gateway Bank, 49 So. 3d 23, 2010 La. App. LEXIS 1279, 2010 WL 3517946 (La. Ct. App. 2010).

Opinion

GAIDRY, J.

|2A former employee of a bank appeals a summary judgment dismissing her claims for damages against her former employer and her former supervisor for defamation, intentional infliction of emotional distress, negligent misrepresentation, and other al[28]*28leged wrongful acts. For the following reasons, we affirm the summary judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The plaintiff, Jacqueline Cook, was employed as assistant branch manager at the Port Allen, Louisiana branch of American Gateway Bank (the bank). Prior to her promotion to that position on June 13, 2005, she was the branch’s vault teller. Her supervisor was Glen Daigle, the bank’s branch manager. Although her new job duties did not include operating the main vault and maintaining its contents, plaintiff continued to perform the vault teller’s duties while the new vault teller, Elaine Canezaro, was on extended family leave and for a period of time after her return to work. The duties of the vault teller included preparation of shipments of currency to the Federal Reserve Bank.

While acting as vault teller, plaintiff prepared a shipment of $72,000.00 in currency for delivery by courier to the Federal Reserve Bank on June 21, 2005. On June 22, 2005, the shipment was returned by courier from the Federal Reserve Bank for noncompliance with its packaging and labeling rules. By that time, Ms. Canezaro had returned to her duties as vault teller. As she had not prepared the shipment, she declined to sign the receipt accepting delivery, and plaintiff signed for the shipment and placed the money in her coin vault of her teller drawer pending its reprocessing for shipment.

|sOn June 28, 2005, or about a week after the shipment of currency had been returned to the bank, Ms. Canezaro happened to mention that fact and the reason for the return to Jacqueline Smith, the bank’s district manager, who was working at the branch office that day. The same day, two other employees advised Ms. Smith that a “ticket” or accounting entry for the returned $72,000.00 shipment had not been received for entry in the branch’s general ledger. Ms. Smith and Mr. Daigle then went to the main vault to audit the returned shipment, but were informed by Ms. Canezaro that the money had been placed by plaintiff in her coin vault. As plaintiff had left early that day, it was necessary for Ms. Smith and Mr. Daigle to retrieve a duplicate set of keys from a lock box in the main vault to open plaintiffs coin vault.

The returned shipment was found in plaintiffs coin vault The shipment was contained in four sealed clear bags, permitting counting of the banded packages of currency without opening the bags. One bag still bore the original shipment date, two bore the following week’s scheduled date of shipment, and one had no date. The latter bag contained ten-dollar bills. Ten-dollar bills were banded for shipment to the Federal Reserve Bank in packets or “s traps” of 100 bills, with ten “s traps” making up one “brick.” Half of a ten-strap “brick” was missing from that bag, a fact obvious from a simple visual inspection and comparison with another complete “brick.” The total amount of missing currency was $5,000.00.

Upon discovering that $5,000.00 was missing from the returned $72,000.00 shipment, Ms. Smith and Mr. Daigle instituted a search for the missing funds, beginning with plaintiffs teller drawer. Upon opening the teller drawer, they observed a five-strap half-“brick” of ten-dollar bills, resembling the other in the coin vault and bearing the original shipment |4delivery date stamped on it. They originally believed that the missing $5,000.00 had been found, but upon auditing the balance of plaintiffs teller drawer, they discovered [29]*29that the total amount of money balanced with the recorded balance.1

The bank had written “Cash Procedures” that included a “teller drawer maximum cash limit” policy, under which the maximum amount of cash that any employee employed over six months could keep in a teller drawer was $27,000.00 or $28,000.00. The following day, Ms. Smith and Mr. Daigle met with plaintiff and discussed the situation. They again audited her teller drawer in her presence, with the same result. They also advised her that the returned shipment in her drawer’s coin vault was short $5,000.00, but plaintiff denied any knowledge of its whereabouts. Ms. Smith also confronted plaintiff about keeping more money in her coin vault than was permitted by the “teller drawer maximum cash limit” policy, as well as plaintiffs failure to prepare general ledger entries or tickets for the returned $72,000.00.

Plaintiff was then advised to turn in her bank keys and to go home, and that she would be advised of the outcome of the investigation. Ms. Smith and another bank employee then opened each bag of the returned shipment and again counted the money. They also conducted a thorough search of , the branch premises, but did not find the missing funds.

According to Mr. Daigle, plaintiff left a “threatening” telephone message for him the following morning, to the effect that “by the time she was finished with [him][he] would not have a job.” The bank had a detailed written “Teller Cash Outage Policy” setting out the procedures to be | .^followed, including employee disciplinary action, for various levels of cash shortages or losses (“outages”). For outages of $400.00 or more, the management had the discretion to impose discipline “up to and including termination.” Mr. Ricky Sparks, the bank’s chief administrative officer, later made the decision to terminate plaintiffs employment for violation of the written outage policy. Plaintiff was advised either that day or the next day that her employment was terminated.

The bank’s management also adhered to an unwritten internal management policy requiring that an unexplained outage of approximately $1,500.00 or more be reported to law enforcement authorities for appropriate investigation. The loss was thereupon reported to the Port Allen police department for investigation. Detective Eric Frank was assigned the investigation. He went to the bank, where he met with Mr. Daigle and other involved employees and reviewed the bank’s procedures. Based upon his investigation, Detective Frank determined that probable cause existed for plaintiffs arrest. On July 11, 2005, he met with plaintiff at her home and arrested her. Upon being placed under arrest, plaintiff reportedly advised Detective Frank that “bank policies had been broken and would ‘come to light’ during a trial.” On August 31, 2005, plaintiff was charged with felony theft.

Plaintiff filed suit on June 10, 2006, naming the bank and Mr. Daigle as defendants. She alleged that she was arrested because Mr. Daigle advised law enforcement officers that she stole $5,000.00 from the bank, despite the fact that no internal audit had been conducted and the absence of any witnesses to the theft. She further claimed that Mr. Daigle terminated her employment based upon the alleged theft and that the bank pursued her criminal prosecution for the charge of [30]*30felony theft. Plaintiff sought general | (,and special damages based upon “[djefa-mation of character, libel and slander,” “[ijntentional infliction of mental anguish and emotional distress,” “negligent misrepresentation and/or presentation of false information to law enforcement agents,” and other alleged wrongs committed by defendants.

On July 5, 2006, defendants filed their joint answer to plaintiffs petition, generally denying its allegations and their liability.

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Bluebook (online)
49 So. 3d 23, 2010 La. App. LEXIS 1279, 2010 WL 3517946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-american-gateway-bank-lactapp-2010.