Smith v. Delaware State University
47 A.3d 472
Del.2012Background
- Smith, a DSU manager, reported Baker’s weapon issuance without proper COPT certification.
- Baker was hired in 2006 but certified only in April 2009, creating policy conflicts.
- Smith complained to Overton and to DSU administrators about Baker carrying a firearm without certification.
- Smith’s relationship with Overton deteriorated after she protested; she alleged earlier issues include a denied pay raise and Baker’s hiring.
- Smith resigned effective March 9, 2007, after a phone remark from Overton threatening to make her life hell or miserable.
- Smith’s unemployment claim referenced rumors and a claim that Overton’s actions caused worsened conditions; a negative DSU reference later affected her NYDOC employment start.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constructive discharge under the Whistleblower Act | Smith asserts intolerable conditions resulted from reporting a violation. | DSU argues alleged conditions predated the October 2006 incident and were not caused by reporting. | Constructive discharge may support a Whistleblower Act claim, but no genuine issue here. |
| Threats to worsen working conditions as a Whistleblower Act claim | Smith contends threat or coercion could support the Act. | Issue not clearly presented; no sustained argument. | Court declines separate holding; no material support found in record. |
| Defamation damages and New York limitations | Smith argues damages not required for libel per se; or damages shown by witness. | Damages required; New York statute of limitations applicable. | New York defamation limitations apply; claim untimely; NY law bars it. |
Key Cases Cited
- Suders v. Simmons Harris, 542 U.S. 142 (Supreme Court) (constructive discharge concept cited in general employment law context)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard; evidence sufficiency inquiry)
- Rizzitiello v. McDonald’s Corp., 868 A.2d 825 (Del.2005) (Delaware standard on implied covenants and related facts)
- Sinnott v. Thompson, 32 A.3d 351 (Del.2011) (plain error/interests of justice doctrine guidance)