Anthony Casale v. Nationwide Children's Hosp.
682 F. App'x 359
| 6th Cir. | 2017Background
- Casale, a tenured U of Louisville urology chair, accepted NCH’s written offer to be Chief of Urology and faxed a signed offer letter on August 4, 2010; the letter contained salary, guaranteed bonuses for first two years, and multi-year research/fellowship funding but no explicit duration or termination limitations.
- Employment was contingent on obtaining an Ohio medical license and NCH credentialing; delays (parties dispute cause) pushed his start date and produced difficult credentialing meetings that concerned NCH staff.
- NCH personnel circulated a peer-review/reference letter that some staff described as "very poor" and opined "there is no way we should hire this man," which Casale claims violated Ohio peer-review confidentiality and influenced NCH’s decision.
- NCH rescinded the offer before Casale started; he returned to Louisville in a lesser position and sued for breach of express and implied contract, anticipatory repudiation, promissory estoppel, wrongful discharge in violation of public policy, and defamation.
- The district court granted summary judgment for NCH on the remaining claims; the Sixth Circuit affirmed, holding the offer did not create a definite-term employment contract, implied-contract evidence was insufficient, promissory estoppel failed for lack of a clear, specific promise, and defamation failed (protected opinion/substantial truth and no proven republication). The wrongful-discharge theory was also not pleaded below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the offer letter created an express fixed-term employment contract | Casale: multi-year salary schedule, 2-year guaranteed bonus, 3-year research funding, and other multi-year benefits show intent to a minimum 3-year term | NCH: letter lacks any express duration or limits on termination; annual-pay/benefit items don’t establish term | No — offer is at-will; no express term rebutting presumption of at-will employment |
| Whether an implied-in-fact contract for a term existed | Casale: circumstances (introductions, onboarding, promises, reliance) imply a fixed-term agreement | NCH: no mutual assent or supporting documents (handbook/progress reports) that limit termination; facts show hiring, not a guaranteed term | No — facts insufficient to prove all contract elements or mutual assent to a term |
| Whether promissory estoppel saves Casale’s claim | Casale: he reasonably relied and gave up secure job based on NCH promises | NCH: no clear, specific promise of continued employment; written offer controls; alleged oral promises are vague | No — plaintiff failed to identify a clear and unambiguous promise of continued employment |
| Defamation / forced republication & wrongful discharge public-policy claim | Casale: internal emails/opinions and circulated peer-review remarks were false, published, and caused harm; peer-review confidentiality supports a public-policy wrongful-discharge claim | NCH: statements were opinion or substantially true; forced-republication not shown; public-policy claim based on §2305.252 not pleaded and not clearly a bar to hiring decisions | No — defamation fails (protected opinion/substantial truth; no proven republication); wrongful-discharge claim was not pleaded below and not preserved |
Key Cases Cited
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard)
- Keith v. County of Oakland, 703 F.3d 918 (6th Cir. 2013) (standard of review for summary judgment)
- Wright v. Honda of Am. Mfg., Inc., 653 N.E.2d 381 (Ohio 1995) (implied contract and at-will exceptions)
- Henkel v. Educ. Research Council of Am., 344 N.E.2d 118 (Ohio 1976) (annual salary alone does not create a one-year contract)
- Mers v. Dispatch Printing Co., 483 N.E.2d 150 (Ohio 1985) (facts and circumstances test for implied contract)
- Padula v. Wagner, 37 N.E.3d 799 (Ohio 2015) (strong presumption of at-will employment absent clear contractual term)
- Clark v. Collins Bus Corp., 736 N.E.2d 970 (Ohio Ct. App. 2000) (promises of future benefits do not overcome at-will presumption)
- Kelly v. Carthage Wheel Co., 57 N.E. 984 (Ohio 1900) (historical discussion of hiring for specified term)
- Karnes v. Doctors Hosp., 555 N.E.2d 280 (Ohio 1990) (promissory estoppel as equitable remedy)