Faulls v. Procter & Gamble Paper Products Co.

21 Pa. D. & C.4th 116, 1993 Pa. Dist. & Cnty. Dec. LEXIS 49
CourtPennsylvania Court of Common Pleas, Wyoming County
DecidedJanuary 15, 1993
Docketno. 89-899
StatusPublished

This text of 21 Pa. D. & C.4th 116 (Faulls v. Procter & Gamble Paper Products Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Wyoming County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Faulls v. Procter & Gamble Paper Products Co., 21 Pa. D. & C.4th 116, 1993 Pa. Dist. & Cnty. Dec. LEXIS 49 (Pa. Super. Ct. 1993).

Opinion

VANSTON, P.J.,

The defendants have filed a motion for summary judgment in the above matter. As to the corporate defendant, the plaintiff has filed a complaint alleging wrongful discharge of his employment, breach of an implied contract of employment, and civil conspiracy. As to the individual defendants, the complaint alleges counts for intentional interference with a contractual relationship, defamation, invasion of privacy, and civil conspiracy. After being twice removed to the United States District Court for the Middle District of Pennsylvania, and twice remanded, the pleadings are now complete.

The plaintiff was employed by Procter & Gamble as a technician at its Mehoopany plant. The plant is a large, [117]*117paper-making operation which employs more than 3,000 people. In September 1989, several of the plaintiff’s coworkers accused him of stealing company equipment. As a result, he was terminated from that employment on September 29, 1989. He commenced this action by filing a writ'of summons in this court on November 14, 1989, naming Procter & Gamble as the only defendant.

Twelve months later, the plaintiff filed a complaint in this matter, adding four individual defendants, whom he asserted to be the co-workers who had made the theft allegations against him, but whose identity he did not know. He styled them as “John Doe I” through “IV.” In August 1991, he filed an amended complaint which substituted the three named individual defendants for the four “John Does.” These three individuals, however, were not served with the amended complaint until May 21, 1992.

Addressing first the motion for summary judgment filed by Procter & Gamble, the company maintains that it is entitled to judgment as a matter of law, as the plaintiff was an “employee at will.” With this conclusion, the court is constrained to agree, as the plaintiff has acknowledged, in his deposition, that he had no written contract with the company, could leave his employment, orbe terminated by his employer at any time. (Depos. pp. 38-39.) One cannot conceive of a more concise definition of an “employee at will.” Further, this court has previously held in litigation involving this very issue and these same counsel that Procter & Gamble paper plant employees are employed “at will.” Davenport v. Procter & Gamble, 89 CV 879, affirmed by Superior Court of Pennsylvania at no. 00882 Philadelphia 1992 (Oct. 22, 1992).

[118]*118An “at will” employee may be terminated for good reason, bad reason, or no reason at all, unless such termination violates a significant and recognized public policy. Yetter v. Ward Trucking Corp., 401 Pa. Super. 467, 585 A.2d 1022 (1991). Plaintiff contends that his discharge violated public policy because the employer had a specific intent to cause him harm. Although this court cannot find any indication of any fact, in either the pleadings or the extensive deposition of the plaintiff, from which one could reasonably argue (much less, conclude) that the employer acted with a specific intent to harm the plaintiff, such a consideration is not necessary. This issue was dealt with by the Superior Court in Rutherfoord v. Presbyterian-University Hospital, 417 Pa. Super. 316, 612 A.2d 500 (1992), and, as a result, one can easily conclude that the instant plaintiff’s allegations do not rise to the level of “significant and recognized public policy.” Accordingly, Procter & Gamble is entitled to judgment as to Count I.

Count II alleges a breach of an implied contract of employment. Plaintiff contends that the defendant’s personnel policy, called the “Mehoopany Blue Book,” constitutes the terms of such a contract. Nothing in the Blue Book, however, says that an employee can be terminated only for just cause. To the contrary, the policy provides for immediate discharge for misconduct, including theft. The Blue Book, however, does not constitute an implied contract. To do so, the policy must contain provisions which unequivocally establish that the employer intended to be bound by it and renounces the principle of at-will employment. Morosetti v. Louisiana Land and Exploration Co., 522 Pa. 492, 564 A.2d 151 (1989). This court has already ruled on this precise question, as well, in Davenport v. Procter & Gamble, supra. Therefore, the [119]*119defendant is also entitled to judgment as a matter of law as to Count II.

The third count of the complaint seeks recovery for an asserted conspiracy between the company and the three employees who made the theft charges against Mr. Faulls. In order to establish a civil conspiracy, it must be shown that two or more persons agreed to do an otherwise unlawful act by unlawful means; that there be proof of malice, or intent to harm; and thát there be no just cause, excuse, or legal justification. See Shaffer v. Procter & Gamble, 412 Pa. Super. 630, 604 A.2d 289 (1992), affirming the judgment of this court in a matter in which the same counsel also appeared as in the instant matter. Here, the three individuals are said to have conspired with each other and with the company (how one can conspire with a corporation has not been explained to this writer) to bring about the termination of Faulls’ employment. Assuming, for the moment, that such agreement can be proven, its purported objective, although unpleasant for Mr. Faulls, is not unlawful. No unlawful or criminal act has been asserted. Further, the corporate defendant having a written policy requiring the reporting of thefts of company property, it can hardly be said that the company acted with malice in this case, or that it does not have some justification for its actions. Consequently, Count III must also fail.

Next to be addressed is the complaint against the three individual defendants, which, they contend, is barred by the statute of limitations. Although the complaint contains four separate counts (intentional interference with a contractual relationship, defamation, conspiracy, and invasion of privacy), the gravamen of the complaint is that the three men defamed the plaintiff when they accused him of stealing company property. [120]*120Thus, the applicable statute of limitation for all counts is one year. Evans v. Philadelphia Newspapers, Inc., 411 Pa. Super. 244, 601 A.2d 330 (1991). See 42 Pa.C.S. §5523(1).

The alleged defamatory statements were made sometime near the end of September 1989. The plaintiff states in his deposition that shortly after his discharge on September 29, 1989, he learned that several, perhaps four, individuals were the sources of the information on which his termination was based. He did not know their identities at that time.

Although he knew of the existence of these individuals in October 1989, when he commenced this action, it was only against Procter & Gamble.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Shaffer v. Procter & Gamble
604 A.2d 289 (Superior Court of Pennsylvania, 1992)
Yetterant v. Ward Trucking Corp.
585 A.2d 1022 (Superior Court of Pennsylvania, 1991)
Morosetti v. Louisiana Land & Exploration Co.
564 A.2d 151 (Supreme Court of Pennsylvania, 1989)
Rutherfoord v. Presbyterian-University Hospital
612 A.2d 500 (Superior Court of Pennsylvania, 1992)
Evans v. Philadelphia Newspapers, Inc.
601 A.2d 330 (Superior Court of Pennsylvania, 1991)
Gallucci v. Phillips & Jacobs, Inc.
614 A.2d 284 (Superior Court of Pennsylvania, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
21 Pa. D. & C.4th 116, 1993 Pa. Dist. & Cnty. Dec. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faulls-v-procter-gamble-paper-products-co-pactcomplwyomin-1993.