Sensenig v. Spring Glen Farm Kitchen Inc.

16 Pa. D. & C.4th 394, 1992 Pa. Dist. & Cnty. Dec. LEXIS 176
CourtPennsylvania Court of Common Pleas, Lancaster County
DecidedAugust 4, 1992
Docketno. 2353
StatusPublished

This text of 16 Pa. D. & C.4th 394 (Sensenig v. Spring Glen Farm Kitchen Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lancaster County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sensenig v. Spring Glen Farm Kitchen Inc., 16 Pa. D. & C.4th 394, 1992 Pa. Dist. & Cnty. Dec. LEXIS 176 (Pa. Super. Ct. 1992).

Opinion

ALLISON, J.,

Presently before the court for disposition are the preliminary objections of defendants’ Spring Glen Farm Kitchen Inc. and Spring Glen Fresh Foods Inc., to a complaint filed by Daniel L. Sensenig, a former employee of defendants.

Sensenig’s complaint was filed on May 21,1992, and contains the following allegations: Count I is a claim for breach of employment contract, Count II alleges wrongful termination of employment, Count III alleges unfair competition and Count IV is a claim for breach of implied covenant of good faith which also contains a request for punitive damages.

Defendants filed preliminary objections to plaintiff’s complaint requesting a demurrer on Counts II, in and IV and have also moved the court to strike plaintiff’s claim for punitive damages contained in Count IV of the complaint. After reviewing the pleadings and briefs submitted by counsel, we sustain defendants’ demurrer to the aforementioned counts of plaintiff’s complaint and also strike plaintiff’s claim for punitive damages.

[395]*395Count II of the complaint is a claim for wrongful discharge. Pennsylvania courts will recognize a cause of action for wrongful discharge only when the employment relationship is at will. Darlington v. General Electric, 350 Pa. Super. 183, 504 A.2d 306 (1986); Phillips v. Babcock & Wilcox, 349 Pa. Super. 351, 503 A.2d 36 (1986). This is so because the wrongful discharge action in Pennsylvania was judicially created to protect otherwise unprotected employees from indiscriminate discharge and to provide unorganized workers a legal redress against improper actions by their employers. Geary v. U.S. Steel Corp., 456 Pa. 171, 319 A.2d 174 (1974). However, when an employment contract expressly states the duration of the employment, employment is not at will and termination can only be for just cause. Curran v. Children’s Service Center of Wyoming County Inc., 396 Pa. Super. 29, 578 A.2d 8 (1990); Nix v. Temple University, 408 Pa. Super. 369, 596 A.2d 1132 (1991).

In the instant complaint, plaintiff admits that he was employed pursuant to a written employment contract which remained in force for a specific period of time. The first numbered paragraph of the employment agreement states:

“(1) Effective immediately, Daniel [plaintiff] shall continue to be employed of Spring Glen up to and including November 1, 1994. His duties shall include but not be limited to performing executive tasks as assigned by the president of Spring Glen.”

The employment agreement provides that plaintiff was to be employed until November 1,1994. Therefore, plaintiff’s employment with defendants was not at-will and we rule that he does not have available to him a cause of action for wrongful discharge.

[396]*396We also sustain defendants’ demurrer to Count III of the complaint which purports to state a claim for unfair competition against defendants. Plaintiff alleges that defendants’ action of “wrongfully discharging” him for the stated reason of willful misconduct was an attempt by defendants to gain an unfair advantage over the plaintiff because plaintiff, as a result of being discharged for alleged willful misconduct, was denied unemployment compensation and also has had trouble securing other potential jobs in the food preparation and processing industry. We find this allegation by plaintiff totally lacking in substance.

“Unfair competition” is almost universally regarded as a question of whether the defendant is passing off his goods or services as those of the plaintiff by virtue of substantial similarity between the two, leading to confusion on the part of potential customers. International Society for Krishna Consciousness of Western Pennsylvania Inc. v. Stadium Authority of City of Pittsburgh, 479 F. Supp. 792 (W.D. Pa. 1979); Morgan’s Home Equipment Corp. v. Martucci, 390 Pa. 618, 136 A.2d 838 (1957). In the present case, plaintiff is not an injured competitor but rather a discharged employee who has no legitimate legal interest which can be protected by his claim for wrongful discharge. Thus, we rule that plaintiff’s claim of unfair competition is not a legally cognizable form of recovery in the instant action.

We also grant defendants’ demurrer to Count IV by ruling that plaintiff has not sufficiently stated a claim for breach of implied good faith against defendants.

Section 205 of the Restatement (Second) of Contracts suggests that “[ejvery contract imposes upon each party a duty of good faith and fair dealing in its performance [397]*397and its enforcement.”

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Bluebook (online)
16 Pa. D. & C.4th 394, 1992 Pa. Dist. & Cnty. Dec. LEXIS 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sensenig-v-spring-glen-farm-kitchen-inc-pactcompllancas-1992.