Schultz v. Production Stamping Corp.

434 N.W.2d 780, 148 Wis. 2d 17, 10 Employee Benefits Cas. (BNA) 2227, 4 I.E.R. Cas. (BNA) 164, 1989 Wisc. LEXIS 13
CourtWisconsin Supreme Court
DecidedFebruary 7, 1989
Docket86-0958
StatusPublished
Cited by15 cases

This text of 434 N.W.2d 780 (Schultz v. Production Stamping Corp.) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schultz v. Production Stamping Corp., 434 N.W.2d 780, 148 Wis. 2d 17, 10 Employee Benefits Cas. (BNA) 2227, 4 I.E.R. Cas. (BNA) 164, 1989 Wisc. LEXIS 13 (Wis. 1989).

Opinions

CALLOW, WILLIAM G., J.

This is a review of an unpublished decision of the court of appeals reversing a judgment and an order of the circuit court for Milwaukee county, Judge Michael J. Skwierawski, granting damages to Colleen Schultz in the amount of $173,042.42 from Production Stamping Corporation.

We address two issues in this case. First, has Colleen Schultz (Schultz) demonstrated a fundamental and well-defined public policy that employers must disclose the details of a Simplified Employee Pension plan (SEP) to its employees prior to requiring them to participate in the plan? Second, if such a policy exists, did Production Stamping Corporation (Production [19]*19Stamping) wrongfully discharge Schultz by terminating her when she refused to obey its command to join the SEP without being given adequate information concerning the plan?

We hold that Schultz has not demonstrated that she was wrongfully discharged. We conclude there was no fundamental and well-defined public policy that required employers to disclose details of a SEP before employees could be required to join the plan as a condition of employment at the time the plan was adopted by Production Stamping. Further, we conclude that, even if such a public policy existed, Schultz’s wrongful discharge claim would fail because the record reveals that she was terminated for non-participation in the plan. She asked no questions of Production Stamping about the plan, nor did she ask for additional information.

Schultz worked as a press operator for Production Stamping for sixteen years between 1964 and 1980. She was an employee-at-will. In July or August of 1979, Production Stamping received information about a SEP, and it was interested in setting up such a plan at Production Stamping. Vice President Donald Rich (Rich) testified that Production Stamping found a SEP attractive because it involved little administrative work once the company made contributions to the Individual Retirement Accounts (IRAs) of its employees. Production Stamping chose not to implement the plan at that time for two reasons. First, employees over seventy years of age could not participate. Second, each employee could choose his or her own financial institution to hold that employee’s IRA.

On either April 7 or 8, 1980, Production Stamping learned that the two provisions it found unacceptable had been modified. Because it wanted to give employees [20]*20the benefit of the plan for 1979 it was required to implement the plan by April 15, 1980.

Rich called an employees meeting on April 10, 1980. He testified that, at the meeting, he explained that each employee had to participate in the plan for any employee to receive its benefits. He explained that each individual would establish an IRA by signing an IRA agreement form and a signature card. He told them that by doing so each employee became owner of his or her IRA and that the company had no control over it. He also told the employees that the plan had to be implemented by April 15. His presentation lasted about fifteen minutes. Rich then answered questions for ten minutes. Schultz did not ask any questions at this time.

When the meeting was over Rich called the employees in order of their seniority and directed them to sign the IRA application form and signature card. Schultz testified that when she was called Rich told her that she would be discharged if she did not sign the documents. She also testified that she twice asked Rich if she could call her husband before signing the documents. Rich refused her request. She then signed the documents.

Schultz was given and took home IRS form 5305-8EP and an amended W-2 form indicating that she had received an additional $958.67 in compensation for 1979. She discussed the meeting with her husband and told him that she had signed two documents. She told him that, as she understood Rich’s explanation of the plan, they would have to transfer all their money to the M&I Bank. Mr. Schultz was upset that she had signed documents she did not understand, and he told her to cross her name off the documents. The next day Schultz asked Rich if she could remove her name from [21]*21the documents. Rich told her that she could do so as long as she was aware of the consequences of her action. She asked no further questions and crossed her signature off the documents. Rich immediately told her that she was terminated. Even then Schultz did not ask any questions, nor did she ask for additional information. Twenty-seven other employees were eligible to join the plan. Each did so.

On July 31,1981, Schultz filed a complaint alleging that Production Stamping wrongfully discharged her. Upon a motion by Production Stamping, the circuit court dismissed the complaint. Schultz appealed this judgment of dismissal. On March 31,1983, the court of appeals reversed the judgment and instructed the circuit court to grant Schultz leave to file an amended complaint.

Schultz filed an amended complaint on August 1, 1983. She filed a second amended complaint on June 29,1984. At trial the jury found that Schultz’s discharge violated a “well established and important public policy.” It also awarded Schultz damages to compensate her for the loss of past and future income. On April 9, 1986, the circuit court entered judgment against Production Stamping and ordered it to pay Schultz damages of $173,042.42.

Production Stamping appealed the circuit court’s judgment. Relying on Bushko v. Miller Brewing Co., 134 Wis. 2d 136, 396 N.W.2d 167 (1986), the court of appeals summarily reversed the judgment. The court of appeals held that Schultz did not establish that Production Stamping required her to violate any constitutional or statutory provision, and thus she did not demonstrate that she had been wrongfully discharged.

We agree with the decision of the court of appeals. Like the court of appeals we find that the standard [22]*22under which an employee-at-will has a cause of action for wrongful discharge is set forth in Bushko. A discharged employee has a cause of action if the discharge was a result of the employee “refusing a command to violate public policy as established by a statutory or constitutional provision.” Id. at 141.

This is a narrow and limited exception to the general rule that an émployee-at-will may be terminated for any reason. As we stated in Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561, 573, 335 N.W.2d 834 (1983), when we first recognized this exception, the discharge must be contraiy to a “fundamental and well-defined public policy.” This public policy must be clearly defined by reference to a specific statutory or constitutional provision. Id. “Courts should proceed cautiously when making public policy determinations. No employer should be subject to suit merely because a discharged employee’s conduct was praiseworthy or because the public may have derived some benefit from it.” Id. at 573-74.

An employee states a claim for wrongful discharge when he or she is terminated for refusing an employer’s command to act contrary to public policy embodied in the spirit of a statutory or constitutional provision, as well as in the letter of the provision. Bushko, 134 Wis. 2d at 143. In Wandry v. Bull’s Eye Credit Union, 129 Wis.

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Schultz v. Production Stamping Corp.
434 N.W.2d 780 (Wisconsin Supreme Court, 1989)

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Bluebook (online)
434 N.W.2d 780, 148 Wis. 2d 17, 10 Employee Benefits Cas. (BNA) 2227, 4 I.E.R. Cas. (BNA) 164, 1989 Wisc. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schultz-v-production-stamping-corp-wis-1989.