STATE OF LOUISIANA
COURT OF APPEAL 1? FIRST CIRCUIT
NO. 2024 CA 0942
BMW
ST. TAMMANY FIRE DISTRICT NO. 12, ET AL.
Judgment Rendered:
On Appeal from the 22nd Judicial District Court In and for the Parish of St. Tammany State of Louisiana Trial Court No. 2018- 14887 - Division I
Honorable Reginald T. Badeaux, 111, Judge Presiding
David J. Schexnaydre Attorney for Plaintiff A - ppellant, Mandeville, LA Ray M. Newton
Patrick J. Berrigan Slidell, LA
David I. Bordelon Attorneys for Defendant -Appellee, Wayne Robert Maldonado St. Tammany Fire District No. 12 Metairie, LA
Jason Michael Nash Shreveport, LA
BEFORE: McCLENDON, C.J., LANIER AND BALFOUR, JJ. BALFOUR, J.
Plaintiff-appellant, Ray M. Newton, appeals the trial court' s judgment
dismissing his lawsuit against his former employer, defendant -appellee, Board of
Commissioners of St. Tammany Fire District No. 12 ( FD12). For the following
reasons, we affirm the motion for summary judgment granted by the trial court.
FACTS AND PROCEDURAL BACKGROUND
This court previously addressed the trial court' s judgment granting the
September 10, 2021 motion for summary judgment in Newton v. St. Tammany Fire
Dist. No. 12, 2022- 1119 ( La. App. I Cir. 05/ 18/ 23), 2023 WL 3556319
unpublished). Newton' s original claims included breach of contract, detrimental
reliance, defamation, claims under the Fair Labor Standards Act, wrongful
Subsequently, FD12 filed a motion for summary judgment on October 12,
2023, which sought dismissal of Newton' s remaining claims " for wages/ benefits
beyond the date of termination with plaintiff being an at will employee." The trial
court signed a written judgment granting FD I 2' s motion. Newton now appeals. The
limited issue before this Court on appeal is whether the trial court properly granted the October 12, 2023 Motion for Summary Judgment dismissing Newton' s
remaining claims with prejudice.
zl I AVATA
In determining whether summary judgment is appropriate, appellate courts
review evidence de novo under the same criteria that govern the trial court' s
determination of whether summary judgment is appropriate. Trufund Fin. Servs.,
Inc. v. City of Baton RougelPar. of E. Baton Rouge, 2024- 0082 ( La. App. I Cir. 12/ 30/ 24) — So. 3d —,2024 WL 5243961 at * 5. After adequate discovery, court must
grant a motion for summary judgment if the motion, memorandum, and supporting documents show there is no genuine issue as to material fact and that the mover is
entitled to judgment as a matter of law. La. C. C. P. art. 966 A(3).
iq The party moving for summary judgment has the initial burden of proof. See
La. C. C. P. art. 966( D)( 1). The movant can meet its burden by filing a motion,
memorandum, and supporting documentary evidence proving there is no genuine
issue of material fact. See La. C. C. P. art. 966( A)(3). Nevertheless, if the movant
will not bear the burden of proof at trial on the issue that is before the court on the
motion, the movant' s burden on the motion does not require it to negate all essential
elements of the adverse party' s claim, action., or defense, but rather to point out to
the court the absence of factual support for one or more elements essential to the
adverse party' s claim, action, or defense. See La. C. C. P. art. 966( D)( 1).
Thereafter, the burden shifts to the adverse party to produce factual support
sufficient to establish the existence of a genuine issue of material fact or that the
movant is not entitled to judgment as a matter of law. See La. C. C. P. art. 966( D)( 1).
If, however, the movant fails in his initial burden of showing an absence of factual
support for one or more of the elements of the adverse party' s claim, the burden
never shifts to the adverse party, and the movant is not entitled to summary
judgment. Trufund Fin. Servs., Inc., 2024 WL 5243961 at * 4.
LAW AND DISCUSSION
In the case at bar, the parties concede that Newton and Joseph Mitternight,
former Chairman and member of FD12, entered into an oral contract. Because there
is a presumption that employment is at will, Newton, as the party seeking damages under an alleged contract of employment for a limited term, bears the burden of
proving he had a meeting of the minds with FD 12 on the limited term of
employment. See Medwick v. AMDCON Corporation, 2021- 1620 (La. App. I st Cir. 08/ 08/ 22), 348 So. 3d 106, 112, writ denied, 2022- 01352 ( La. 11/ 16/ 22).
3 The employer—employee relationship is a contractual relationship. Thus, an
employer and employee may negotiate the terms of an employment contract and
agree to any terms not prohibited by law or public policy. Quebedeaux v. Dow
Chem. Co., 01- 2297 ( La. 06/ 21/ 02), 820 So. 2d 542, 545. Louisiana law provides
that employment contracts are either limited term or terminable at will. Read v.
Willwoods Cnty., 2014- 1475 ( La. 03/ 17/ 15), 165 So. 3d 883, 887. Under a limited
term contract, the parties agree to be bound for a certain period during which the
employee is not free to depart without assigning cause nor is the employer at liberty
to dismiss the employee without cause. Id. See also La. C.C. art. 2746. When an
employee is hired under a limited term contract and is terminated without cause, the
employer is liable to the employee for the amount of salary due under the contract.
Read, 165 So. 3d at 887. When a contract does not provide for a limited term, an
employer can dismiss the employee at any time and for any reason without incurring
liability. See Amer v. Roberts, 2015- 0599 ( La. App. I Cir. 11/ 9/ 15), 184 So. 3d 123, 132. When the employer and employee are silent on the terms of the employment
contract, our Civil Code provides the default rule of employment -at -will.
Quebedeaux, 820 So. 2d at 545; See La. C. C. art. 2747.
Newton asserts he is entitled to damages consisting of the remainder of his
salary and benefits under the terms of the contract. Because Newton is seeking
enforcement of an oral contract we must determine whether Newton carried his
burden of proving the existence of a limited term pursuant to La. C. C. art. 2746.
Newton argues that the uncontradicted deposition testimony demonstrates that he
was guaranteed a term employment at FD 12 for " as long as Joe Mitternight was
Chairman" or until Newton retired at 70 V2 years old.
FD 12 cites Read, supra, for guidance on a " term" contract. Similar to our
case, the plaintiff in Read sued his former employer for breach of a limited term oral
contract of employment, seeking the remainder of his salary and benefits under the
0 contract. In that case, the decision turned on the phrase during the initial interview
that "[ employers] were looking for someone to make a commitment for five to six
years." Read, 165 So. 3d at 889. However, there was no further discussion of an
exact length or term of employment. Ultimately, the Louisiana Supreme Court
found that the record did not establish or corroborate the existence of a set term and
therefore a term contract did not exist. Id. at 893.
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STATE OF LOUISIANA
COURT OF APPEAL 1? FIRST CIRCUIT
NO. 2024 CA 0942
BMW
ST. TAMMANY FIRE DISTRICT NO. 12, ET AL.
Judgment Rendered:
On Appeal from the 22nd Judicial District Court In and for the Parish of St. Tammany State of Louisiana Trial Court No. 2018- 14887 - Division I
Honorable Reginald T. Badeaux, 111, Judge Presiding
David J. Schexnaydre Attorney for Plaintiff A - ppellant, Mandeville, LA Ray M. Newton
Patrick J. Berrigan Slidell, LA
David I. Bordelon Attorneys for Defendant -Appellee, Wayne Robert Maldonado St. Tammany Fire District No. 12 Metairie, LA
Jason Michael Nash Shreveport, LA
BEFORE: McCLENDON, C.J., LANIER AND BALFOUR, JJ. BALFOUR, J.
Plaintiff-appellant, Ray M. Newton, appeals the trial court' s judgment
dismissing his lawsuit against his former employer, defendant -appellee, Board of
Commissioners of St. Tammany Fire District No. 12 ( FD12). For the following
reasons, we affirm the motion for summary judgment granted by the trial court.
FACTS AND PROCEDURAL BACKGROUND
This court previously addressed the trial court' s judgment granting the
September 10, 2021 motion for summary judgment in Newton v. St. Tammany Fire
Dist. No. 12, 2022- 1119 ( La. App. I Cir. 05/ 18/ 23), 2023 WL 3556319
unpublished). Newton' s original claims included breach of contract, detrimental
reliance, defamation, claims under the Fair Labor Standards Act, wrongful
Subsequently, FD12 filed a motion for summary judgment on October 12,
2023, which sought dismissal of Newton' s remaining claims " for wages/ benefits
beyond the date of termination with plaintiff being an at will employee." The trial
court signed a written judgment granting FD I 2' s motion. Newton now appeals. The
limited issue before this Court on appeal is whether the trial court properly granted the October 12, 2023 Motion for Summary Judgment dismissing Newton' s
remaining claims with prejudice.
zl I AVATA
In determining whether summary judgment is appropriate, appellate courts
review evidence de novo under the same criteria that govern the trial court' s
determination of whether summary judgment is appropriate. Trufund Fin. Servs.,
Inc. v. City of Baton RougelPar. of E. Baton Rouge, 2024- 0082 ( La. App. I Cir. 12/ 30/ 24) — So. 3d —,2024 WL 5243961 at * 5. After adequate discovery, court must
grant a motion for summary judgment if the motion, memorandum, and supporting documents show there is no genuine issue as to material fact and that the mover is
entitled to judgment as a matter of law. La. C. C. P. art. 966 A(3).
iq The party moving for summary judgment has the initial burden of proof. See
La. C. C. P. art. 966( D)( 1). The movant can meet its burden by filing a motion,
memorandum, and supporting documentary evidence proving there is no genuine
issue of material fact. See La. C. C. P. art. 966( A)(3). Nevertheless, if the movant
will not bear the burden of proof at trial on the issue that is before the court on the
motion, the movant' s burden on the motion does not require it to negate all essential
elements of the adverse party' s claim, action., or defense, but rather to point out to
the court the absence of factual support for one or more elements essential to the
adverse party' s claim, action, or defense. See La. C. C. P. art. 966( D)( 1).
Thereafter, the burden shifts to the adverse party to produce factual support
sufficient to establish the existence of a genuine issue of material fact or that the
movant is not entitled to judgment as a matter of law. See La. C. C. P. art. 966( D)( 1).
If, however, the movant fails in his initial burden of showing an absence of factual
support for one or more of the elements of the adverse party' s claim, the burden
never shifts to the adverse party, and the movant is not entitled to summary
judgment. Trufund Fin. Servs., Inc., 2024 WL 5243961 at * 4.
LAW AND DISCUSSION
In the case at bar, the parties concede that Newton and Joseph Mitternight,
former Chairman and member of FD12, entered into an oral contract. Because there
is a presumption that employment is at will, Newton, as the party seeking damages under an alleged contract of employment for a limited term, bears the burden of
proving he had a meeting of the minds with FD 12 on the limited term of
employment. See Medwick v. AMDCON Corporation, 2021- 1620 (La. App. I st Cir. 08/ 08/ 22), 348 So. 3d 106, 112, writ denied, 2022- 01352 ( La. 11/ 16/ 22).
3 The employer—employee relationship is a contractual relationship. Thus, an
employer and employee may negotiate the terms of an employment contract and
agree to any terms not prohibited by law or public policy. Quebedeaux v. Dow
Chem. Co., 01- 2297 ( La. 06/ 21/ 02), 820 So. 2d 542, 545. Louisiana law provides
that employment contracts are either limited term or terminable at will. Read v.
Willwoods Cnty., 2014- 1475 ( La. 03/ 17/ 15), 165 So. 3d 883, 887. Under a limited
term contract, the parties agree to be bound for a certain period during which the
employee is not free to depart without assigning cause nor is the employer at liberty
to dismiss the employee without cause. Id. See also La. C.C. art. 2746. When an
employee is hired under a limited term contract and is terminated without cause, the
employer is liable to the employee for the amount of salary due under the contract.
Read, 165 So. 3d at 887. When a contract does not provide for a limited term, an
employer can dismiss the employee at any time and for any reason without incurring
liability. See Amer v. Roberts, 2015- 0599 ( La. App. I Cir. 11/ 9/ 15), 184 So. 3d 123, 132. When the employer and employee are silent on the terms of the employment
contract, our Civil Code provides the default rule of employment -at -will.
Quebedeaux, 820 So. 2d at 545; See La. C. C. art. 2747.
Newton asserts he is entitled to damages consisting of the remainder of his
salary and benefits under the terms of the contract. Because Newton is seeking
enforcement of an oral contract we must determine whether Newton carried his
burden of proving the existence of a limited term pursuant to La. C. C. art. 2746.
Newton argues that the uncontradicted deposition testimony demonstrates that he
was guaranteed a term employment at FD 12 for " as long as Joe Mitternight was
Chairman" or until Newton retired at 70 V2 years old.
FD 12 cites Read, supra, for guidance on a " term" contract. Similar to our
case, the plaintiff in Read sued his former employer for breach of a limited term oral
contract of employment, seeking the remainder of his salary and benefits under the
0 contract. In that case, the decision turned on the phrase during the initial interview
that "[ employers] were looking for someone to make a commitment for five to six
years." Read, 165 So. 3d at 889. However, there was no further discussion of an
exact length or term of employment. Ultimately, the Louisiana Supreme Court
found that the record did not establish or corroborate the existence of a set term and
therefore a term contract did not exist. Id. at 893.
Here, after a de novo review, we conclude that, similar to Read, the record
does not contain sufficient evidence to find that Newton and Mitternight entered into
a term -contract. In short, " a mere reference to a term does not indicate the parties'
intent to enter into a limited term employment contract." Medwick, 348 So. 3d at
114. The deposition testimony in the record reveals that the phrase "[ a] s long as
Mitternight is] Chairman" was definitively a part of the oral contract. When asked,
Newton concurred that the contract was for as long as Mitternight was on the Board or the Chairman and that Newton could retire at age 70 V2. Newton further agreed
that Mitternight never gave Newton any more specifics about the terms of his contract.
Arguably, the agreement that Newton could remain employed until he reached
70 V2 years of age constituted a limited term. Significantly, however, the evidence
in the record with respect to this oral contract fails to establish how long Mitternight would have been Chairman. This statement made as part of the contract is tenuous.
The record contains no evidence establishing a certain date when Mitternight' s
Chairmanship would end. Nor was there testimony that could be construed as to his term as Chairman; he may have been able to fulfill his duties for one or 10 years.
For a term contract to exist, the specific term must have been established at the outset. See Read, 165 So. 3d at 889. We find that none such specific term was
established in the instant case.
Newton relies heavily on La. C. C. art. 1778, which states:
5 A term for the performance of an obligation is a period of time either certain or uncertain. It is certain when it is fixed. It is uncertain when it is not fixed but is determinable either by the intent of the parties or by the occurrence of a future and certain event. It is also uncertain when it is not determinable, in which case the obligation must be performed within a reasonable time.
However, Newton' s reliance on La. C. C. art. 1778 is misplaced. Article 1778 is
located in Book III, Title III of the Civil Code, which sets forth the law of obligations
in general. In contrast, the provisions governing employment contracts are found in
La. C.C. art. 2746, et seq., which appear in Book III, Title IV of the Civil Code.'
Based on the record before us, we agree with the trial court' s finding that Newton was an " at -will" employee and therefore not entitled to damages for
termination without cause of a term contract.
CONCLUSION
For the forgoing reasons, the judgment of the trial court granting summary judgment in favor of St. Tammany Fire District No. 12 is affirmed. Costs of this
appeal in the amount of $997. 50 are assessed to appellant, Ray M. Newton. AFFIRMED.
The general rule for statutory construction is that a specific statute controls over a broader, more general statute. Burge v. State, 54 So. 3d 1110, 1113 ( La. 2/ 11/ 11).