Payne v. Whole Foods Market Group, Inc.

812 F. Supp. 2d 705, 2011 U.S. Dist. LEXIS 106888, 2011 WL 4381769
CourtDistrict Court, E.D. North Carolina
DecidedSeptember 19, 2011
DocketNo. 5:11-CV-226-BO
StatusPublished
Cited by3 cases

This text of 812 F. Supp. 2d 705 (Payne v. Whole Foods Market Group, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Payne v. Whole Foods Market Group, Inc., 812 F. Supp. 2d 705, 2011 U.S. Dist. LEXIS 106888, 2011 WL 4381769 (E.D.N.C. 2011).

Opinion

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter is before the Court on Defendant’s Motion to Dismiss Plaintiffs Amended Complaint [DE 4]. Plaintiff filed a Response on July 11, 2011 [DE 13]. Plaintiff has failed to allege a plausible claim for relief on his claims for wrongful discharge and intentional infliction of emotional distress, and therefore Defendant’s Motion is GRANTED.

BACKGROUND

This lawsuit arises out of Plaintiff Jeffrey Payne’s termination of his at-will employment from Defendant Whole Foods Market Group, Inc. (“Whole Foods”) in April, 2008. At the time of his termination, Mr. Payne was employed as a baker in the Pastry Department at Whole Foods’ Wellspring Bakehouse in Morrisville, North Carolina. Whole Foods’ General Information Guide (“GIG”), its employee handbook, provides that an employee is tardy if he arrives more than ten minutes late to his workstation and that, if he is more than thirty minutes late, he will be marked absent. The handbook further provides that an employee must call his manager one hour in advance of his scheduled shift to avoid an unexcused absence. One unexcused absence is considered a “no-call/no-show,” which is a terminable offense [DE 1-1 at 3].

On the morning of April 4, 2008, Mr. Payne’s truck had mechanical problems and he was late to work as a result. Because he did not inform his manager of his absence prior to the start of his shift, he was marked absent as a “no-call/no-show” and was later terminated on April 8, 2008 as a result of the noted absence. Mr. Payne appealed his termination through [708]*708Whole Foods’ internal process, and his appeal was subsequently denied as untimely. Appeals through this internal process must be postmarked within fourteen days of termination, and Mr. Payne’s appeal was postmarked April 22, 2008.

Mr. Payne also alleges that he was subject to conduct at work that caused him to suffer emotional distress. This conduct included “ostracism, targeted criticism, false and anonymous accusation, and periodic intentional efforts to overwhelm him with work” [DE 1-5 at 28]. Mr. Payne cites to incidents in which his co-workers played “indecent music,” engaged in “indecent conversation,” were “mean” to him, and “withheld assistance” from him [DE 1-5 at 19-26].

Mr. Payne filed a complaint in Wake County Superior Court on April 7, 2011, alleging wrongful discharge in violation of North Carolina public policy and intentional infliction of emotional distress [DE 1-1]. He amended his complaint on April 13, 2011 [DE 1-2-1-7], On May 9, 2011, Whole Foods removed the case to this Court [DE 1]. Whole Foods moved to dismiss this case pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief may be granted [DE 4],

DISCUSSION

A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) will succeed if a plaintiff fails to establish a “plausible” claim for relief. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007); Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009). Mr. Payne asserts claims for (I) wrongful discharge and (II) intentional infliction of emotional distress. Because Mr. Payne fails to establish a plausible claim for relief, both claims are dismissed.

I. Wrongful Discharge

North Carolina follows the policy of at-will employment, which means that, absent an employment contract for a definite term, the employment relationship can be terminated at any time, for any reason, at the will of either the employer or the employee. Kurtzman v. Applied Analytical Indus., Inc., 347 N.C. 329, 493 S.E.2d 420, 422 (1997). Employers and employees can exempt themselves from the at-will presumption by signing a contract with a definite time period of employment. No employment contract existed in this case. Additionally, employers are prohibited from discharging employees based on impermissible characteristics, such as the employee’s age, race, sex, religion, national origin, or disability, or in retaliation for filing certain claims against the employer. See, e.g., 29 U.S.C. § 623(a)(1) (Age Discrimination Act); 42 U.S.C. § 2000e-2(a)(1) (Equal Employment Opportunities Act); 42 U.S.C. § 12112(a) (Americans With Disabilities Act); N.C. GemStat. § 95-241 (prohibiting discharge in retaliation for filing workers’ compensation, OSHA, and other claims). Mr. Payne does not allege that his discharge was based on any of these impermissible characteristics or protected actions.

Finally, North Carolina has recognized a limited public policy exception to the employment-at-will rule. Coman v. Thomas Mfg. Co., 325 N.C. 172, 381 S.E.2d 445, 447 (1989). However, this exception is extremely narrow and encompasses only cases where judicial intervention was needed “to prohibit status-based discrimination or to ensure the integrity of the judicial process or the enforcement of the law.” Kurtzman, 493 S.E.2d at 423. It is important to note that an at-will employee may be terminated for no reason at all, and therefore bad reasons, even nonsensical ones or pretextual ones, are not sufficient [709]*709to require judicial intervention into the employer-employee relationship. Courts intervene in North Carolina’s at-will employment scheme only in the most extraordinary of circumstances. These situations include cases where: (1) an employer discharged an employee for refusal to violate state or federal law, Coman, 381 S.E.2d at 447, or (2) an employer discharged an employee in contravention of express public policy declarations contained in the North Carolina General Statutes, Amos v. Oakdale Knitting Co., 331 N.C. 348, 416 S.E.2d 166, 169 (1992). In Coman, the Supreme Court of North Carolina held that an employer could not discharge an employee for refusing to violate federal transportation regulations. 381 S.E.2d at 449. In Amos, the court held that an employer could not discharge an employee for refusing to work for less than the statutory minimum wage. 416 S.E.2d at 173. Mr. Payne seeks to impose a “reasonableness” requirement on terminations of at-will employees in his Response [DE 13 at 11], but such a requirement is not borne out by North Carolina case law. Unless the termination is discriminatory based on a protected characteristic, retaliatory based on protected conduct, or punishes compliance with federal or state law, at-will employment protects the discharge.

Mr.

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Bluebook (online)
812 F. Supp. 2d 705, 2011 U.S. Dist. LEXIS 106888, 2011 WL 4381769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-whole-foods-market-group-inc-nced-2011.