Graziosi v. City of Jackson
| Docket Number: | 2009-CA-00838-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-13-2010 Opinion Author: Irving, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Contract - Termination of employment - At-will employee - Good faith Judge(s) Concurring: King, C.J., Myers, P.J., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Lee, P.J. and Carlton, J. Procedural History: Dismissal Nature of the Case: CIVIL - CONTRACT |
|
| Trial Court: |
Date of Trial Judgment: 04-22-2009 Appealed from: Hinds County Chancery Court Judge: Denise Owens Disposition: DISMISSED DISCHARGED CITY FIREFIGHTER’S REINSTATEMENT SUIT AFTER FINDING THAT DISCHARGE WAS IN GOOD FAITH AND DID NOT VIOLATE PRIOR SETTLEMENT AGREEMENT Case Number: G-2008-1824 0/3 |
|
| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Michael Graziosi |
JUDSON M. LEE |
|
|
| Appellee: | City of Jackson, Mississippi | PIETER TEEUWISSEN, KIMBERLY BANKS | ||
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. |
|
| Topic: | Contract - Termination of employment - At-will employee - Good faith |
| Summary of the Facts: | Michael Graziosi began working for the City of Jackson as a firefighter in 1988. In November 2002, he was placed on leave without pay, and his employment was terminated by the City in May 2005. Graziosi filed a wrongful-termination claim with the City’s Civil Service Commission. The Commission affirmed Graziosi’s termination but found that he should have been paid while on leave and consequently awarded him a judgment of more than $75,000 in back pay. In September 2007, Graziosi and the City entered into a settlement agreement. The agreement stated, among other provisions, that Graziosi would be paid only $45,000 of the $75,000 judgment against the City; in return, the City would re-employ Graziosi as a firefighter at his prior rank of captain. However, the first twelve months of Graziosi’s reemployment would be a probationary period, during which Graziosi would have no recourse to the Commission for any discipline enacted against him. The agreement indicated that the City would act in good faith in the imposition of any discipline; furthermore, the City’s Mayor would be required to approve of any severe disciplinary measures, such as termination. Graziosi worked for the City without incident for approximately two months, until Graziosi and other firefighters attended a union meeting in Jackson. It is uncontradicted that Graziosi and another firefighter got into an argument at the meeting, and Graziosi allegedly punched the other man in the side of the head. After Graziosi was served with a citation regarding the assault charge, the Chief Investigator in the Fire Department’s Internal Affairs Division began an investigation into the incident. The Chief Investigator concluded that Graziosi had physically assaulted the other firefighter. Thereafter, Graziosi’s employment was terminated. Graziosi was tried before the Hinds County Justice Court on the assault charge and was acquitted. Graziosi filed for unemployment benefits following his termination and was initially denied benefits. However, after an appeal by Graziosi, an administrative law judge with the Mississippi Department of Employment Security found that the City had not proven that Graziosi was discharged for misconduct as that term is defined in Mississippi’s unemployment-compensation law. The City was consequently ordered to pay unemployment benefits to Graziosi. Graziosi filed a petition in the Hinds County Chancery Court requesting that the City be forced to abide by the 2007 settlement agreement. The chancery court ruled in favor of the City, finding that the City had acted in good faith in terminating Graziosi. Graziosi appeals. |
| Summary of Opinion Analysis: | Graziosi argues that the chancellor erred when she found that Graziosi was an at-will employee who could be terminated at any time, for any reason. The chancellor did err in so finding, since Graziosi was hired pursuant to a contract. However, the chancellor’s conclusion regarding Graziosi’s status as an at-will employee was essentially dicta, as the chancellor went on to find that the City acted in good faith in disciplining Graziosi, which was what was required of the City according to the settlement agreement. Graziosi also argues that the City did not act in good faith in terminating his employment. However, the chancellor did not err in finding that the City acted in good faith. In fact, it appears from the record that, as a probationary employee, Graziosi could have been terminated solely on the basis of the assault complaint to the police. However, the City went one step further and conducted an internal investigation of the altercation. The City even gave Graziosi a chance to tell his side of the story to investigators. Graziosi also argues that the City did not suspend him without pay and wait for the outcome of his criminal trial. However, the City was not required to wait for the outcome of Graziosi’s criminal trial. While there was testimony to the effect that other firefighters accused of criminal misconduct had been placed on leave without pay while their cases went to trial, Graziosi was a probationary employee. He was not entitled to be placed on leave without pay, nor is the City bound by the outcome of his criminal trial. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
