Hammons v. Fleetwood Homes
| Docket Number: | 2003-CA-01775-COA Linked Case(s): 2003-CT-01775-SCT ; 2003-CA-01775-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-30-2004 Opinion Author: Bridges, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contract - Wrongful termination - Malicious interference with employment contract Judge(s) Concurring: Lee, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ. Non Participating Judge(s): Irving, J. Dissenting Author : King, C.J. Procedural History: Summary Judgment Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 07-17-2003 Appealed from: Grenada County Circuit Court Judge: Joseph H. Loper Disposition: SUMMARY JUDGMENT FOR DEFENDANTS Case Number: 2001-0487CVL |
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| Party Name: | Attorney Name: | |||
| Appellant: | Bill Hammons |
DANA J. SWAN |
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| Appellee: | Fleetwood Homes of Mississippi, Inc., Fleetwood Retail Corporation, Bobbie Carol Black Lang, and John Phillips | AMY C. FELDER KENNETH E. MILAM WALTER JAMES BRAND |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Contract - Wrongful termination - Malicious interference with employment contract |
| Summary of the Facts: | William Hammons, Jr., filed a claim in the Holmes County Circuit Court against Fleetwood Homes of Mississippi, Inc., Fleetwood Retail Corporation, Bobbie Carol Black Lang, and John Phillips, alleging wrongful termination and malicious interference with his employment contract. The defendants moved the case to the U.S. District Court for the Southern District of Mississippi, but the case was later remanded to state court. The defendants filed and prevailed on a motion to transfer venue to Grenada County. They then filed a motion for summary judgment that was granted. Hammons appeals. |
| Summary of Opinion Analysis: | Issue 1: Wrongful termination Hammons argues that the actual reason Fleetwood Retail terminated his employment was because he reported an illegal scheme involving the sale of homes with refrigerators included in the purchase price. Hammons’s employment with Fleetwood Retail falls under the employment at-will doctrine, and Mississippi clearly follows the common law rule that employment contracts drafted with indefinite terms regarding duration may be terminated at the will of either party. However, an employee who refuses to participate in an illegal act or an employee who is discharged for reporting illegal acts of his employer may bring an action in tort against the employer. Hammons failed to identify an illegality. Fleetwood Retail’s failure to credit the buyers for the original refrigerator after they opted for the upgrade does not constitute an illegal act, so Hammons could not possibly have reported an illegal scheme. Issue 2: Malicious interference with employment contract Hammons maintains that after reporting the alleged illegal scheme, he was retaliated against by constant criticism and malicious and unfair performance evaluations. This claim requires proving that the acts were intentional and willful; calculated to cause damage to the plaintiff engaged in a lawful business; done with the unlawful purpose of causing damage and loss, without right or justifiable cause on the part of the defendant; and resulted in actual damage and loss. The actions of Phillips and Lang that ultimately resulted in Hammons’s discharge were privileged because they held positions of trust with Fleetwood Retail and acted in accordance with their responsibilities over Hammons as his supervisors. Liability, therefore, could only arise from acting in bad faith. The record contains absolutely no evidence of bad faith. |
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