Schultz v. Industrial Coils, Inc.

373 N.W.2d 74, 125 Wis. 2d 520, 1985 Wisc. App. LEXIS 3603
CourtCourt of Appeals of Wisconsin
DecidedJuly 18, 1985
Docket83-1720
StatusPublished
Cited by22 cases

This text of 373 N.W.2d 74 (Schultz v. Industrial Coils, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schultz v. Industrial Coils, Inc., 373 N.W.2d 74, 125 Wis. 2d 520, 1985 Wisc. App. LEXIS 3603 (Wis. Ct. App. 1985).

Opinions

[521]*521EICH, J.

Jerald Schultz appeals from a summary judgment dismissing his action against Industrial Coils, Inc., and several of its officers for wrongfully terminating his employment. The sole issue is whether his discharge was wrongful — that is, whether it was contrary to fundamental and well-defined public policy under Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561, 335 N.W.2d 834 (1983). Because we conclude that it was not, we affirm.

In reviewing summary judgments, we employ the same analysis as the trial court. Wright v. Hasley, 86 Wis. 2d 572, 579, 273 N.W.2d 319, 322-23 (1979). We first examine the complaint to determine whether a claim has been stated and then the answer to ascertain whether it presents a material issue of fact. If they do, we then examine the moving party’s affidavits to determine whether a prima facie case for summary judgment has been made — in this case a defense which would defeat the plaintiff’s claim. If it has, we look to the opposing party’s affidavits to determine whether any material facts are in dispute which would entitle the opposing party to a trial. Grams v. Boss, 97 Wis. 2d 332, 338, 294 N.W.2d 473, 476-77 (1980). If there is no genuine issue of fact, we proceed to decide whether the moving party is entitled to judgment as a matter of law. Sec. 802.08(2), Stats.

Schultz was an employee at Industrial Coils’ Baraboo plant. In 1982 he wrote a lengthy letter to the editor of the local newspaper which was highly critical of the company and several of its officers. The letter was published and, as a result, Schultz was fired. Schultz’s complaint alleges that his discharge was wrongful because (among other things) it was grounded solely upon his exercise of free expression and thus directly contravened the “express public policy of Wisconsin.” Industrial Coils’ answer admitted that Schultz was dis[522]*522charged because of the letter but denied that the discharge was in any way violative of public policy or was otherwise wrongful. Industrial Coils also alleged that the Schultz letter was insubordinate and detrimental to the company’s interests and that his termination was the result of a “valid business judgment.”

The complaint, read liberally, states a claim under Brockmeyer, and the answer joins the issue. Industrial Coils filed several affidavits in support of its motion for summary judgment. They set forth, among other things, the content of Schultz’s letter to the editor and the reasons why, as a result of the letter, the decision was made to terminate his employment. The affidavits, which will be discussed in more detail below, state a prima facie defense, and Schultz filed no affidavits or other proof in opposition. The material facts are not in dispute, and we proceed to consider the legal issues.

Schultz was an employee-at-will; he had no contract of employment with Industrial Coils. Traditionally, in the absence of contrary statutory or contractual provisions, an employer could discharge an employee-at-will for any reason — or for no reason at all — without incurring any liability. Yanta v. Montgomery Ward & Co., Inc., 66 Wis. 2d 58, 63 n. 16, 224 N.W.2d 389, 394 n. 16 (1974). In Brockmeyer, the supreme court carved out a narrow exception to the traditional rule: “we hold that an employee has a cause of action for wrongful discharge when the discharge is contrary to a fundamental and well-defined public policy as evidenced by existing law.” Id., 113 Wis. 2d at 573, 335 N.W.2d at 840. While the court recognized that the public policy of the state is generally declared in its constitution and statutes, it warned that the concept is both broad and vague, stating:

Given the vagueness of the concept of public policy, it is necessary that we be more precise about the con[523]*523tours of the public policy exception. A wrongful discharge is actionable when the termination clearly contravenes the public welfare and gravely violates paramount requirements of public interest. The public policy must be evidenced by a constitutional or statutory provision.

Brockmeyer, 113 Wis. 2d at 573, 335 N.W.2d at 840. The court emphasized the limited nature of the exception, citing “terminations that effectuate an unlawful end” —such as firing an employee for refusal to break the law — as examples of the type of employer conduct which could lead to liability under the rule. Ibid. Finally, the court held that the employee has the burden of proving that the dismissal “violates a clear mandate of public policy”; he or. she must establish that the conduct causing the discharge was consistent with a “clear and compelling public policy . . .” Id. at 574, 335 N.W.2d at 840-41.

Schultz contends that his discharge was contrary to the fundamental public policy of Wisconsin as expressed in art. I, sec. 3, of the Wisconsin Constitution, which provides in part that: “Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, . . .” Schultz argues at length that this language, in contrast to that found in the First Amendment to the Constitution of the United States, does not impose any “state action” requirement — that his “free speech” rights under the Wisconsin Constitution are protected from private, as well as governmental, interference. We need not reach that question, however. Our task under Brockmeyer is not to determine the existence of a specific right possessed by the fired individual — or its invasion; rather, we are to determine whether the discharge implicates a fundamental, well-defined and compelling public policy to such a degree that it cannot be condoned.

[524]*524In Brockmeyer, the employee was iired because of the employer’s concern that his truthful testimony at a hearing on another employee’s sex discrimination claim would be detrimental to the interests of the company. The court held that while the employer’s action may have been indicative of bad faith, the firing did not violate any clearly defined mandate of public policy. We reach a similar conclusion here.

Schultz was fired because he published derogatory remarks about his employer, and the question is whether, because those remarks were intermingled with comment on a public issue, the public policy favoring free expression as expressed in the Wisconsin Constitution would be contravened or violated by Schultz’s dismissal.

We consider Connick v. Myers, 461 U.S. 138 (1983), to be particularly instructive on the question. There, an assistant district attorney who was unhappy over an upcoming transfer distributed a questionnaire to several of her co-workers soliciting their views on several “office matters” — including office morale, the employees’ level of confidence in their supervisors and the existence of improper political pressure in the office. She was fired for insubordination and sued the district attorney under the Civil Rights Act, 42 U.S.C. sec.

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Schultz v. Industrial Coils, Inc.
373 N.W.2d 74 (Court of Appeals of Wisconsin, 1985)

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373 N.W.2d 74, 125 Wis. 2d 520, 1985 Wisc. App. LEXIS 3603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schultz-v-industrial-coils-inc-wisctapp-1985.