Quebedeaux v. Dow Chemical Co.Quebedeaux v. Dow Chemical Co.
Neil D. Sweeney, Kenner O. Miller, Sweeney & Miller, Baton Rouge; Allen J. Myles, Plaquemine, Counsel for Respondent.
Harry A. Johnson, III, Charles S McCowan, Jr., Shannan S. Rieger, Baton Rouge, Counsel for Amiсi Curiae Louisiana Chemical Association and Louisiana Association of Business and Industry.
D. Scott Landry, Baton Rouge, Counsel for Amicus Curiae Louisiana Society for Human Resources Management.
KNOLL, Justice.
Following a fistic encounter between two employees at work, both were terminated by their employer for breaking company policy prohibiting fighting in the workplace. Thereafter, plaintiff filed the present intentional tort suit against the fellow employee with whom he fought and against the employer, alleging the employer is vicariously liable not only for his personal injuries from the fight, but also for lost wages and benefits, аnd general damages for his termination as a result of the fight. It is undisputed that the employer is vicariously liable for the damages caused by the personal injuries resulting from the fight. What is disputed and the issue that provoked this writ is whether the employer is vicariously liable for any damages arising out of the employee‘s termination. Finding the employment-at-will doctrine bars recovery of these damages, we reverse the lower courts’ damage awards and remand this matter to the court of appeal to reconsider damages in accordance with the views expressed in this opinion.
FACTS AND PROCEDURAL HISTORY
Julice Jude Quebedeaux and John Dаndridge were employed by Dow Chemical Company (Dow) as operators in the polyethylene (plastic) extrusion area. On August 28, 1992, while at work, a heated verbal argument ensued between the two men over Mr. Quebedeaux‘s delay in transferring the processed plastic pellets from one storage unit to аnother. After numerous profanities were exchanged, Mr. Dandridge walked over to where Mr. Quebedeaux was seated and grabbed him by the neck, causing Mr. Quebedeaux to fall to the floor. As a result, Mr. Quebedeaux allegedly sustained scratches to his neck and injuries to his elbow, hip, and leg.
Several days later, Mr. Quebedeaux and Mr. Dandridge presented his version of the facts to an Employee Review Committee, which recommended termination of both employees. After considering the committee‘s recommendation, Dow terminated Mr. Quebedeаux and Mr. Dandridge for violating its policy prohibiting fighting in the workplace.1
Thereafter, Mr. Quebedeaux and his wife, Wendy Quebedeaux, (plaintiffs) filed suit against Mr. Dandridge and Dow.2 In their petition for damages, plaintiffs sought recovery of the following alleged damages caused by Mr. Dandridge‘s intentional act: (1) physical pain and suffering; (2) mеntal anguish resulting from the altercation and subsequent termination; (3) past lost wages; and (4) future lost wages. Plaintiffs also sought damages for Mrs. Quebedeaux‘s alleged loss of consortium. In their petition, plaintiffs contended Dow is vicariously liable for the damages caused by its employee, Mr. Dandridge, through the legal doctrine of respondeat superior.
After a two day trial, the jury rendered a verdict in favor of plaintiffs, finding that Mr. Dandridge committed a battery upon Mr. Quebedeaux and that Dow was vicariously liable for the intentional tort. The jury awarded Mr. Quebedeaux $48,500 in general damages; $45,000 in past lost earnings and benefits; $50,000 in future lost earnings; and $80,000 in future lost benefits.
The jury further found Mrs. Quebedeaux suffered a loss of consortium and awarded her $15,000 in general damages. The jury attributed 35% of the fault to Mr. Quebedeaux and 65% of the fault to Mr. Dandridge. Accordingly, a judgment was signed awarding Mr. Quebedeaux $145,275 plus interest and costs, and Mrs. Quebedeaux $9,750 plus interest and costs.
Dow appealed the judgment to the First Circuit, which affirmеd.3 See Quebedeaux v. Dow Chemical Co., 00-0465 (La.App. 1st Cir.05/11/01), 809 So.2d 983. We granted Dow‘s writ application to address a perceived conflict between the employment-at-will doctrine and an employee‘s right to sue his employer in tort for intentional acts committed by his co-employee while in the course and scope of
DISCUSSION
Dow concedes Mr. Dandridge сommitted the intentional tort of battery upon Mr. Quebedeaux and thus the exclusivity provisions of the Louisiana Workers’ Compensation Act do not preclude plaintiffs’ tort suit against Dow. See
On the other hand, plaintiffs argue the employment-at-will doctrine does not shield Dow from vicarious liability for the damages caused by its employee, Mr. Dandridge. They assert the dоctrine merely prevents an employee from suing for wrongful discharge. Thus, alleging their claim is not for wrongful discharge, plaintiffs maintain the employment-at-will doctrine is inapplicable. We disagree.
The employer-employee relationship is a contractual relationship. As such, an employer аnd employee may negotiate the terms of an employment contract and agree to any terms not prohibited by law or public policy. When the employer and employee are silent on the terms of the employment contract, the civil code provides the default rule of employment-at-will. Cf. Anderson v. Douglas & Lomason Co., 540 N.W.2d 277, 281 (Iowa 1995) (“[T]he doctrine of employment at-will is merely a gap-filler, a judicially created presumption utilized when parties to an employment contract are silent as to duration.“). This default rule is contained in
Under
In this case, plaintiff‘s do not deny Dow‘s allegation that Mr. Quebedeaux was an at-will employee. Nor do they allege Mr. Quebedeaux‘s termination was contrary to law. Thus, Dow was free to terminate Mr. Quebedeaux without incurring liability for the discharge. Hоwever, plaintiffs, nevertheless, argue Dow is vicariously liable for the damages arising out of Mr. Quebedeaux‘s termination because “but for the fight” plaintiff would not have been fired. We reject this argument and hold the employment-at-will doctrine bars vicarious liability for damages arising out of termination of an employеe under the circumstances of this case. We find victim compensation, which is one of the primary policies supporting vicarious liability, must give way to the employment-at-will doctrine, which furthers broader societal policies, such as maintaining a free and efficient flow of human resources. We alsо observe that, if we were to accept plaintiffs’ argument, employers would be placed in the precarious position of having to retain combatant employees following workplace fights to avoid vicarious liability for any damages arising out of termination. Such a result would unfairly hamstring emplоyers from making sensible business decisions. See Rooney v. Tyson, 91 N.Y.2d 685, 674 N.Y.S.2d 616, 697 N.E.2d 571, 580 (1998) (“We have noted that the `original purposes of the employment-at-will doctrine were to afford employees the freedom to contract to suit their needs and to allow employers to exercise their best judgment with regard to employment matters.‘“). However, we underscore that our holding is limited. An employee may still apply general principles of tort law to hold his employer vicariously liable for other damages arising out of an intentional tort committed by his co-employee. See Jones v. Thomas, 426 So.2d 609, 612 (La.1983) (“We further conclude that application of general tort law may makе the employer vicariously liable for the intentional acts of the injured employee‘s coemployee.“).
DECREE
For the foregoing reasons, we reverse and set aside that portion of the lower courts’ judgments pertaining to plaintiffs’ damage awards, and remand this matter to the court of appeal to determine the proper quantum for plaintiffs’ damages, consistent with the views expressed in this opinion.
DAMAGE AWARDS REVERSED AND CASE REMANDED.
CALOGERO, C.J., concurs and assigns reasons.
KIMBALL and WEIMER, JJ., additionally concurs and assigns reasons.
TRAYLOR, J., additionally concurs for reasons assigned by KIMBALL, J.
JOHNSON, J., concurs in result.
I concur in the result for the basic reason that
KIMBALL, J., additionally concurring.
While I agree with the majority‘s treatment of the employment at will doctrine, I write separately to also point out that, in my view, Dow should not be held liable under principles of vicarious liability.
WEIMER, J., additionally concurring.
Vicarious liability based on respondeat superior simply has no application based on the facts of this matter.
The vicarious liability of the employer must be measured by the liability of the employee. When vicarious liability based on respondeat superior аpplies, the responsibility of the employer is coextensive with the responsibility of the employee who committed the tort. Based on the facts of this case, Dandridge could not be liable for tortious conduct relative to the termination because he had no authority to terminate Quebedeаux.1 Thus, there is no vicarious responsibility to impose on the employer relative to the termination. “It goes without saying that if the employee is not guilty of tortious conduct in the alleged wrong [then] there is no vicarious responsibility on the employer.” 12 WILLIAM E. CRAWFORD, LOUISIANA CIVIL LAW TREATISE: TORT LAW § 9.11D (2000).
In this matter, the plaintiffs have demanded damages from the employer, not for wrongful termination, but based on vicarious liability due to the acts of a fellow employee. However, in demanding damages based on vicarious liability, the plaintiff must accept the limitations which accompany that theory of recovery. Vicarious liability limits the liability of the employer to liability for the acts of the employee.
Dandridge could not terminate Quebedeaux‘s employment—only Dow Chemical could do so. Thus, based on the concept of vicarious liability, Dow Chemical can not be liable for that which Dandridge could not do—terminate Quebedeaux.
Based on the facts of this case, vicarious liability simply does not apply to impose liability on Dow Chemical for lost benefits and general damages arising out of Quebedeaux‘s termination.
Notes
Dandridge did engage in tortious conduct relative to the battery.PERSONAL CONDUCT
Certain limitations on personal behavior are necessary in every organization to ensure orderly and safe operations. Although good conduct derives directly from common sense and good judgment, it is helpful to list as reminders some of the rules that most vitally affеct employee welfare. Below are certain acts or items which will normally result in termination:
. . . .
—Fighting
. . . .
The following acts or items will normally result in disciplinary action and possibly termination:
. . . .
—Excessive use of profane and abusive language Pl. Exh. 11. Mr. Quebedeaux‘s separation notice from Dow shows he was discharged (fired) on September 8, 1992 for “violation of company policy.” Pl. Exh. 12.
A man is at liberty tо dismiss a hired servant attached to his person or family, without assigning any reason for so doing. The servant is also free to depart without assigning any cause.