Fleming v. AT & T Information Services, Inc.

878 F.2d 1472, 279 U.S. App. D.C. 15
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 27, 1989
DocketNos. 88-7134, 88-7135
StatusPublished
Cited by5 cases

This text of 878 F.2d 1472 (Fleming v. AT & T Information Services, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fleming v. AT & T Information Services, Inc., 878 F.2d 1472, 279 U.S. App. D.C. 15 (D.C. Cir. 1989).

Opinion

D.H. GINSBURG, Circuit Judge:

After being fired by AT & T, Quince Fleming sued the company for breach of an alleged employment contract and for slander. The district court (Richey, J.), applying District of Columbia law, granted AT & T’s motion to dismiss the contract count for failure to state a claim. The court denied AT & T’s motion for summary judgment on the slander count, but after Fleming had presented his case-in-chief, directed a verdict for AT & T on that count. We affirm.

I. Facts

Fleming began his employment with AT & T as a rank and file employee at the company’s local telephone operating subsidiary in 1979. In 1984, he accepted a management position at AT & T Information Systems, where he was responsible for the accounts of the D.C. government. He entered into negotiations that culminated in a contract under which the District would purchase telephone equipment that it had been leasing. Almost immediately after entering into the contract, however, the parties were at odds over its terms. On January 9, 1987, after negotiations to resolve the parties’ disputes had apparently foundered, Fleming's superiors held a meeting to discuss the District contract. During that meeting, they decided to fire Fleming. This they did on January 12, and shortly thereafter Fleming brought this suit.

First, he claimed that, at the January 9 meeting, one of his superiors (Kenneth Bour) had slandered him by accusing him of attempting to defraud AT & T of $3 million in connection with the D.C. purchase contract. Fleming states, and AT & T does not dispute, that he neither attempted nor committed any fraud. Second, Fleming claimed for breach of contract, contending in substance that, although he had no integrated written employment contract with AT & T, statements made by AT & T officials in company publications and orally gave rise to an employment contract terminable only for cause, and that his firing violated this contract.

AT & T moved, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss the complaint for failure to state a claim. Before the court could rule on the motion, Fleming filed an amended complaint, in which he incorporated the allegations of the original complaint and added certain new allegations. With respect to the slander count, Fleming added that Bour’s statement was later republished “to at least [six] other persons who were not present at the meeting at which the slanderous statement was made;” with respect to the contract count, he added that AT & T’s Employment and Benefits Manuals “provide[d] certain meaning, terms, and intent” to the alleged employment contract.

In ruling on AT & T’s motion to dismiss the contract count, the court noted that under District of Columbia law an employment contract is presumed to be at-will, Minihan v. American Pharmaceutical Ass’n, 812 F.2d 726, 728 (1987), and found that Fleming had “failed to allege the terms and conditions of his employment relationship with sufficient particularity to support his contention that an exception to the general rule regarding at-will employment contracts applies to his situation.” The court therefore treated the motion to dismiss the contract count as a Rule 12(e) motion for a more definite statement, which it granted, ordering Fleming to amend his complaint once again. Fleming then filed a second amended complaint, in which he identified particular documents and conversations upon which he relied to rebut the presumption of at-will employment. AT & T subsequently renewed its motion to dismiss the contract count, and this time the court granted the motion.

With respect to the slander claim, AT & T filed a motion for summary judgment, which the court denied. Accordingly, the case was set for trial on that claim, but before trial, AT & T made a motion in limine to prohibit Fleming from presenting [17]*17any evidence of his firing, because of the danger of jury prejudice and confusion. The court granted the motion, but indicated that if Fleming produced evidence that would permit the jury to conclude that he was fired because of the alleged slander, then he could adduce testimony regarding his firing, which would be relevant to the issue of damages.

■ At trial, Richard Regensburg testified that “Bour said something that opportunity existed for fraud and that [Fleming] could have or might have been involved with something like that,” and that Bour said “[t]hat Mr. Fleming possibly could have committed fraud.” In addition, Wesley Peace testified that he had overheard Regensburg tell Fleming on the telephone that Bour had said at the meeting that Fleming had defrauded the company. The court permitted Peace’s testimony into evidence, however, for the limited purpose of impeaching Regensburg with a prior inconsistent statement, and not as direct evidence. Fleming does not now contest the court’s ruling on this point, and thus we do not consider Peace’s testimony as substantive evidence that Bour unequivocally accused Fleming of fraud.

At the close of plaintiff’s case, AT & T moved for a directed verdict, arguing that there was insufficient evidence from which the jury could conclude either that the alleged statements were capable of bearing a defamatory meaning or that they had been published. Although the court rejected the first ground, it granted the motion for want of evidence of publication. Accordingly, the court entered judgment for AT & T.

Fleming appeals the dismissal of the contract count, the grant of AT & T’s motion in limine, and the directed verdict on the slander count. AT & T cross-appeals the denial of its motion for summary judgment on the slander count.

II. Analysis

Our resolution of Fleming’s appeal moots AT & T’s cross-appeal, on which we therefore do not rule.

A. Breach of Contract

Fleming relies entirely upon the allegations in his second amended complaint to support his argument that we should reverse the district court’s dismissal of his breach of contract count. In that complaint, Fleming alleged that: (1) he had received “many” corporate documents stating that “longevity of employment with [AT & T] has been a continual goal of [the company]”; (2) AT & T’s Force Management Program was intended to “[e]nsure fair and consistent treatment of all employees” and to “[e]nsure a successful transition for managers who leave the business by providing professional career counseling and assistance”; (3) AT & T has published “continuous statements ... which corroborate a term of lifetime employment”; (4) various supervisors assured him “that his position was not in jeopardy”; (5) AT & T’s Personnel Guide defines “dismissal” as “company initiated termination of employment (performance, code of conduct violations, etc — )”; and (6) a superior, Theodore Deutsche, once assured him that “as long as I have a branch, you have a job.”

Fleming’s allegations are manifestly insufficient to rebut the at-will presumption.

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Bluebook (online)
878 F.2d 1472, 279 U.S. App. D.C. 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-at-t-information-services-inc-cadc-1989.