123 So. 3d 1235
La. Ct. App.2013Background
- Krielow was hired as CFO of R & H Supply, Inc. on Oct. 23, 2008, during MEP’s purchase of R & H assets.
- Sale of R & H assets completed Oct. 31, 2008; Richardson remained affiliated as president until April 2009.
- Bates, a partner in MEP, served as interim president after Richardson’s resignation; relations with Krielow were strained over accounting software and resources.
- Krielow claims she was terminated in retaliation for raising concerns about surplus warehoused stock and software licensing issues.
- Krielow sued for damages alleging breach of contract and violation of La.R.S. 23:967; R & H moved for summary judgment proving termination for incompetence.
- Trial court granted summary judgment; found no violation of law and that employment was at-will; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Krielow’s 23:967 claim survives summary judgment | Krielow asserts whistleblower protection applies. | No unlawful act disclosed or threatened; no whistleblower protection. | No violation proven; no whistleblower protections shown. |
| Whether Krielow was employed for a fixed term | Young’s offer letter purportedly created a term. | Presumption of at-will employment; no decisive term evidence beyond the letter. | Employment is at-will; no meeting of minds on a fixed term. |
| Whether genuine issues of material fact exist precluding summary judgment | Disputed facts regarding termination motivation and whistleblower claims. | Evidence shows termination for incompetence; no material fact to defeat summary judgment. | No genuine issues; summary judgment affirmed. |
Key Cases Cited
- Schroeder v. Bd. of Supervisors, of La. State Univ., 591 So.2d 342 (La. 1991) (standard for reviewing summary judgment de novo)
- Hale v. Touro Infirmary, 886 So.2d 1210 (La.App. 4 Cir. 2004) (Whistleblower protection requires knowledge of unlawful practice)
- Reyes-Silva v. Drillchem Drilling Solutions, LLC., 56 So.3d 1173 (La.App. 3 Cir. 2011) (burden to prove fixed-term employment requires meeting of the minds)
- Hardy v. Bowie, 744 So.2d 606 (La. 1999) (summary judgment burden on movant; evidentiary standard)