Porterfield v. Mascari II, Inc.

823 A.2d 590, 374 Md. 402, 19 I.E.R. Cas. (BNA) 1697, 2003 Md. LEXIS 245
CourtCourt of Appeals of Maryland
DecidedMay 8, 2003
Docket14, Sept. Term, 2002
StatusPublished
Cited by46 cases

This text of 823 A.2d 590 (Porterfield v. Mascari II, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Porterfield v. Mascari II, Inc., 823 A.2d 590, 374 Md. 402, 19 I.E.R. Cas. (BNA) 1697, 2003 Md. LEXIS 245 (Md. 2003).

Opinions

HARRELL, J.

Deborah Porterfield (“Petitioner”) alleges that she was discharged wrongfully by her employer, Home Instead Senior Care (“Home Instead”), for implying an intent to seek legal advice before responding to an unfavorable work evaluation. Porterfield was employed as an administrative assistant by Home Instead from December 1997 through August 1999. After receiving a written “Employee Warning,” she informed her supervisors at Home Instead that she had been advised to consult an attorney before “formally responding” to the warning.1 Porterfield’s employment was terminated almost immediately. As a result, she filed a complaint against Respondents 2 in the Circuit Court for Montgomery County alleging among her causes of action one for wrongful discharge. Re[408]*408spondents filed a Motion to Dismiss which was granted by the Circuit Court. Porterfield appealed the judgment to the Court of Special Appeals which affirmed: We granted certiorari on Porterfield’s petition to resolve the following rephrased question:3 Is it a violation of public policy sufficient to support a wrongful discharge action in Maryland when an employer fires an at-will employee for stating her intent to seek advice from legal counsel before responding to an adverse employment evaluation? 369 Md. 179, 798 A.2d 551 (2002). We shall affirm the judgment of the Court of Special Appeals.

I.

On 1 December 1997, Thomas Mascari, the original franchisee of the Home Instead4 franchise based in Rockville, Maryland, hired Deborah Porterfield (“Petitioner”) to work full time as Staff Coordinator. Her duties primarily consisted of assisting him with administrative matters.5 Thomas Mascari became seriously ill and died on 29 January 1999, leaving Home Instead to his sister, Patricia Mascari (“Mascari”), to manage.

Julie Elseroad (“Elseroad”) was hired in March of 1999 to perform clerical and administrative duties in the office. In response to ensuing conflicts between Porterfield and Else-road, Mascari performed a formal review of Porterfield’s work to assure her that her employment was secure. Porterfield [409]*409received all “above average” ratings and Mascari additionally commented that Porterfield was a “tremendous asset” to Home Instead.

On or about 5 May 1999 Mascari requested that Porterfield work three-day work weeks until Home Instead’s revenues increased. Shortly thereafter, Mascari informed Porterfield that she had been told that Porterfield had complained about her employment at Home Instead-Rockville to another Home Instead franchisee. Porterfield denied making any such remark and told Mascari she was happy with her employment situation.

In June of 1999, Mascari issued a new recruiting policy for potential care-givers.6 On at least two occasions after the edict was issued, Porterfield was reprimanded by Mascari for failing to conform to the new recruiting policy. On Monday, 30 August 1999, Mascari issued Porterfield a written “Employee Warning Report” alerting Porterfield that she would be discharged if Mascari and Elseroad did not see “marked improvement at the end of the next four weeks.” The report contained numerous statements which Porterfield claimed were false. Among these were statements that in a meeting on 4 August 1999 with Mascari and Elseroad, Porterfield had “refused [their] assistance,” and had “initially quit;” that at the meeting Mascari and Elseroad had spoken to Porterfield about her “not being efficient or productive in most aspects of [her] job;” that Porterfield was “not adhering to her work-plan;” and that Porterfield had received a “[pjrevious [warning” on 23 June 1999. Mascari requested that Porterfield sign the warning report,7 but Porterfield stated that she wanted to take the document home and review it.

[410]*410On the following day, Tuesday, 31 August, a scheduled day-off for Porterfield, she allegedly phoned Elseroad and stated, “[d]ue to the seriousness of the libel contained in the document, I have been advised to seek counsel before formally responding.” She expressed her hope to complete a response by that Friday, 3 September, but allowed as how it might take until Monday, 6 September, to complete a response. Later on 31 August, Mascari phoned Porterfield and told her that she was fired.8

Porterfield filed her complaint against Mascari Inc.,9 Mascari II, Inc., Patricia Mascari, and Julie Elseroad on 30 August 2000 in the Circuit Court for Montgomery County alleging five counts, including a wrongful discharge count against Patricia Mascari and the corporations only. She filed an Amended Complaint on 30 October 2000.10

With respect to the wrongful discharge count against Home Instead and Mascari, Porterfield alleged that her discharge violated the abusive discharge doctrine announced by this Court in Adler v. Am. Standard Corp., 291 Md. 31, 432 A.2d 464 (1981), ans. conformed to, 538 F.Supp. 572 (D.Md.1982), aff'd in part & rev’d in part, 830 F.2d 1303 (4th Cir.1987), because Respondents “discharg[ed her] because of [her] articulated desire to consult counsel before submitting to [Respondents] her response to the Employee Warning Report.” She [411]*411alleged that the public policy of Maryland “mandated that all persons be permitted freely to consult with an attorney of their choice concerning matters of importance in their lives, including matters related to their employment.” Porterfield contends that Mascari discharged her because she knew the grounds of the warning report were false and feared that Porterfield would retain a lawyer and sue her for defamation, or alternatively, that Mascari did not want to work with an employee who had consulted an attorney regarding a work-related dispute.

The defendants filed a Motion to Dismiss on 6 December 2000 asking the Circuit Court, to dismiss all five counts against them because Porterfield failed to state a cause of action upon which relief could be granted. No written opposition to that motion was filed by Porterfield. A motions hearing was held on 7 March 2001. At the conclusion of the hearing, the judge granted the motion to dismiss all counts with prejudice. He found the amended complaint to be “generally deficient overall with respect to each and every count,” and characterized its contents as “vague,” “general,” and “non-specific.” 11

Porterfield appealed the Circuit Court’s judgment to the Court of Special Appeals. That court’s review was limited to considering whether an employee who alleged that she was terminated from employment for seeking to consult with an attorney before acknowledging a written warning of inadequate job performance stated a cause of action for wrongful discharge. The court held, in a reported opinion, that such allegations, without more, did not state a cause of action.

Porterfield rested her argument in the intermediate appellate court on the contention that her discharge violated “some clear mandate of public policy.” Porterfield pointed to Adler, 291 Md.

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

Related

Barry v. Alsco Inc.
D. Maryland, 2025
Charles v. Charles
Court of Special Appeals of Maryland, 2025
Patriot Construction v. VK Electrical
Court of Special Appeals of Maryland, 2023
Familia v. High
D. Maryland, 2022
Adams v. Cameron
D. Maryland, 2021
Libit v. Baltimore City Board of School Commissioners
130 A.3d 1117 (Court of Special Appeals of Maryland, 2016)
Spacesaver Systems, Inc. v. Adam
98 A.3d 264 (Court of Appeals of Maryland, 2014)
BJ's Wholesale Club, Inc. v. Rosen
80 A.3d 345 (Court of Appeals of Maryland, 2013)
Murphy-Taylor v. Hofmann
968 F. Supp. 2d 693 (D. Maryland, 2013)
Adedje v. Westat, Inc.
75 A.3d 401 (Court of Special Appeals of Maryland, 2013)
Hagen v. Siouxland Obstetrics & Gynecology, P.C.
964 F. Supp. 2d 951 (N.D. Iowa, 2013)
Iglesias v. Pentagon Title & Escrow, LLC
51 A.3d 51 (Court of Special Appeals of Maryland, 2012)
Goode v. American Veterans, Inc.
874 F. Supp. 2d 430 (D. Maryland, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
823 A.2d 590, 374 Md. 402, 19 I.E.R. Cas. (BNA) 1697, 2003 Md. LEXIS 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/porterfield-v-mascari-ii-inc-md-2003.