Northrup v. Farmland Industries, Inc.

372 N.W.2d 193, 55 Fair Empl. Prac. Cas. (BNA) 1756, 7 I.E.R. Cas. (BNA) 1778, 1985 Iowa Sup. LEXIS 1087
CourtSupreme Court of Iowa
DecidedJuly 31, 1985
Docket84-906
StatusPublished
Cited by97 cases

This text of 372 N.W.2d 193 (Northrup v. Farmland Industries, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Northrup v. Farmland Industries, Inc., 372 N.W.2d 193, 55 Fair Empl. Prac. Cas. (BNA) 1756, 7 I.E.R. Cas. (BNA) 1778, 1985 Iowa Sup. LEXIS 1087 (iowa 1985).

Opinions

LARSON, Justice.

The plaintiff, Steve Northrup, was fired by Farmland Industries, Inc., and this suit followed, alleging wrongful discharge and tortious infliction of emotional distress. Summary judgment was entered for the employer, and Northrup appealed, arguing that summary judgment was inappropriate because there were disputed facts surrounding the discharge.

The employer responded that summary judgment was proper, even if disputed [195]*195facts existed. It claimed our civil rights statute, Iowa Code chapter 601A, provides the exclusive remedy for wrongful discharge based on alcoholism. As to plaintiff’s claim for infliction of emotional distress, the required “outrageous conduct” was lacking as a matter of law, according to its argument. We agree with the employer on both issues and therefore affirm the entry of summary judgment.

Summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Iowa R.Civ.P. 237(c). The burden of showing the nonexistence of a material fact is upon the moving party. Knapp v. Simmons, 345 N.W.2d 118, 121 (Iowa 1984); Colonial Baking Co. v. Dowie, 330 N.W.2d 279, 282 (Iowa 1983). Every legitimate inference that reasonably can be deduced from the evidence should be afforded the resisting party, and a fact question is generated if reasonable minds can differ on how the issue should be resolved. Henkel v. R & S Bottling Co., 323 N.W.2d 185, 187-88 (Iowa 1982). With these principles in mind, we look to the record before the court in the summary judgment action.

Northrup was employed at Farmland Industries from September 27, 1977, through July 26, 1982. At the time of his termination, he was plant superintendent, responsible for operations, safety, production scheduling, and quality control.

On March 22, 1982, Northrup’s wife left him. He called Ed Haney, his supervisor, and requested the rest of the week off. Haney agreed. Northrup later requested the following week off as well, and this request was also granted. At some time, either during this second week or shortly thereafter, Northrup spoke with a doctor who recommended that he submit to alcohol rehabilitation treatment. Northrup called Haney to inform him that he needed alcohol treatment and would be gone for a month. The record indicates this was the first indication Farmland had that Northrup had a drinking problem. Sick leave with pay was granted.

At the end of April, 1982, Northrup left the treatment center a few days prior to “graduation,” because he was worried about his continued employment at Farmland. On his return, he had a meeting with Haney, who expressed dissatisfaction with his job performance. He warned Northrup that any further mistakes could cost him his job. Northrup also testified that Haney yelled at him, telling him he was not going to tolerate much more, and accused him of misconduct. Northrup felt that Haney was “mad at him” for his leave of absence.

On July 26, 1982, Northrup’s employment with Farmland was terminated. Northrup contends this termination was the result of his alcoholism and his participation in the alcohol treatment program. Farmland, on the other hand, maintains Northrup was terminated for poor job performance.

Northrup filed complaints with the Cedar Rapids Civil Rights Commission and the Iowa Civil Rights Commission, claiming that he had been harassed on the job and that his termination was a direct result of his alcohol disability. On January 20,1983, the Iowa Civil Rights Commission issued an “Administrative Release and/or Right-to-Sue Letter” pursuant to Iowa Code section 601 A.16 (1983). The notice advised plaintiff, pursuant to statute, he had “a right to commence an action in the State District Court within ninety (90) days of the issue date of this Administrative release/letter of right-to-sue, or within one year after the filing of the complaint, whichever occurs first.” Plaintiff filed this petition against Farmland ninety-one days later. (He concedes his petition is not timely under the civil rights act, Iowa Code ch. 601A.)

I. The Wrongful Discharge Claim.

The general rule is that an at-will employee may be terminated at any time, for any reason. See Abrisz v. Pulley Freight Lines, Inc., 270 N.W.2d 454, 455 (Iowa 1978); Harper v. Cedar Rapids Television Co., 244 N.W.2d 782, 791 (Iowa [196]*1961976); Allen v. Highway Equipment Co., 289 N.W.2d 135, 139 (Iowa 1976).

Northrup concedes that he is an employee at will and that he would be precluded from recovery for wrongful discharge under the general rule. However, he argues that a discharge for alcoholism is against public policy and that, when an employee’s discharge violates public policy, the general rule of no liability is subject to an exception.

This court has never expressly recognized a public-policy exception, although we recently noted its increasing acceptance in other jurisdictions. See Abrisz, 270 N.W.2d at 455. See also Thompson v. St. Regis Paper Co., 102 Wash.2d 219, 685 P.2d 1081, 1088 n. 1 (1984) (listing jurisdictions recognizing this exception); Note, Protecting At Will Employees Against Wrongful Discharge: The Duty to Terminate Only in Good Faith, 93 Harv.L.Rev. 1816, 1822-24 (1980).

While we hinted in Abrisz that, under proper circumstances, we would recognize a common-law claim for a discharge violating public policy, we did not apply it there because the facts did not establish such a violation. We observed, moreover, that “[c]ourts should not declare conduct violative of public policy unless it is clearly so.” Abrisz, 270 N.W.2d at 456. It has been observed, in fact, that successful common-law claims for wrongful discharge have been based in large part on violations of independent statutory policy, not those established by court decisions. See Note, Protecting At-Will Employees, supra, 93 Harv.L.Rev. at 1822-23.

Looking to our own statutes, we find an express policy prohibiting discharges for “disabilities.” Iowa Code section 601A.6 (1983) provides in part:

1. It shall be an unfair or discriminatory practice for any:
a. Person to refuse to hire, accept, register, classify, or reier for employment, to discharge any employee, or to otherwise discriminate in employment against any applicant for employment or any employee because of the age, race, creed, color, sex, national origin, religion or disability of such applicant or employee, unless based upon the nature of the occupation.

Section 601A.2(11) provides this definition of disability:

“Disability” means the physical or mental condition of a person which constitutes a substantial handicap.

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372 N.W.2d 193, 55 Fair Empl. Prac. Cas. (BNA) 1756, 7 I.E.R. Cas. (BNA) 1778, 1985 Iowa Sup. LEXIS 1087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northrup-v-farmland-industries-inc-iowa-1985.