Thompson v. Johnson
910 N.W.2d 800
Neb.2018Background
- Kim Thompson, an MPS project manager, had an extramarital affair with contractor Aaron Johnson in 2012; MPS disciplined Kim then after discovering inappropriate communications.
- Aaron ended the affair; Kim and Aaron continued contact intermittently and Kim posted about the relationship on public Facebook pages.
- Aaron’s wife, Shawna, obtained and provided MPS with documentation (Facebook posts, messages, and a link to Kim’s public page) and emailed MPS in July 2014 expressing concerns for her children’s safety and privacy.
- MPS investigated, placed Kim on administrative leave, and—after further contacts and perceived violations of a no-contact directive—offered Kim the option to resign; Kim resigned and later sued Aaron and Shawna for tortious interference with her employment relationship.
- The county court granted summary judgment for Aaron and Shawna; the district court affirmed. On appeal, the Nebraska Supreme Court held Aaron and Shawna’s communications were truthful and therefore not actionable interference.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Aaron's and Shawna's communications to MPS were "unjustified" interference with Kim's employment relationship | Thompson: defendants’ statements and motives were not truthful; genuine issues of fact exist about their beliefs and intent | Aaron & Shawna: they provided truthful information and reasonably believed Kim posed privacy/safety risks to their children | Court: communications were truthful; truthful reporting cannot constitute unjustified interference, so summary judgment affirmed |
| Whether defendants’ communications caused Kim’s termination | Thompson: their contacts led to MPS disciplinary action and her resignation | Aaron & Shawna: MPS made an informed employment decision based on Kim’s conduct and admitted posts; defendants didn’t force termination | Court: because truthful communication disposes of liability, the court did not decide causation further |
Key Cases Cited
- Benard v. McDowall, LLC, 298 Neb. 398 (2017) (summary judgment standards and appellate review)
- Sulu v. Magana, 293 Neb. 148 (2016) (application of Restatement balancing factors for improper interference)
- Recio v. Evers, 278 Neb. 405 (2009) (a person is not liable for interfering by giving truthful information)