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Ex parte Sysco Food Services of Jackson9/24/2004
PETITION FOR WRIT OF MANDAMUS
The petitioners, Sysco Food Services of Jackson, LLC, and Sysco Corporation (hereinafter collectively referred to as "Sysco"), the defendants in a retaliatory-discharge action pending in the Mobile Circuit Court, petitioned for a writ of mandamus directing Judge Herman Thomas to vacate his order granting the motion in limine filed by the plaintiff Edward Calvert seeking to exclude certain evidence. We deny the petition.
Facts and Procedural History
Edward Calvert was employed by Sysco as a driver of a truck delivering Sysco food-service products in the Mobile area. In October 2002, Calvert suffered a work-related back injury and filed a workers' compensation claim. On November 20, 2002, Calvert delivered food- service products in Gulf Shores. One of his deliveries was to Zeke's Landing restaurant; after he made that delivery he drove off his delivery route and went to the Flora-Bama lounge to purchase Florida lottery tickets. Calvert's action violated Sysco's policy that a driver not deviate from his delivery route without permission from a supervisor. Calvert's supervisor later learned about Calvert's off- route trip and questioned Calvert; the supervisor questioned Calvert about entries in his log and "Tripmaster" for that day, which indicated that he had made deliveries to Zeke's Landing at 1:05 p.m. and again at 1:18 p.m. Calvert eventually admitted to making the off-route trip to the Flora-Bama. Calvert, however, maintained that the trip occurred on his 30-minute lunch break and that Sysco permitted drivers to go off- route during their lunch break without securing a supervisor's prior permission. On December 19, 2002, Calvert was discharged from employment with Sysco.
Calvert sought unemployment-compensation benefits. The Alabama Department of Industrial Relations, citing § 25-4-78(3)(c), Ala. Code 1975, found that Calvert was ineligible for benefits because it concluded that Calvert's varying from his established delivery route to purchase lottery tickets constituted misconduct. Calvert appealed this determination to an administrative hearing officer. The administrative hearing officer likewise found that Calvert was ineligible for unemployment benefits because he had committed a dishonest or criminal act in connection with his work, see § 25-4-78(3)(a), Ala. Code 1975, by lying to his supervisor about going off-route. Calvert appealed the hearing officer's decision to the circuit court.
At trial, Sysco intervened; it argued that Calvert had been discharged for committing a dishonest act in connection with his work.
The trial court disagreed. Its order stated, in pertinent part:
"Mr. Calvert is eligible for full benefits under Ala. Code 1975[,] § 25-4-77, in that he did file a claim for each week's benefits; did register for work at, and thereafter continued to report to, the State Employment Office; and that he was able to work and was available for work pursuant to § 25-4-77.
"The Court is reasonably satisfied from the evidence that [Calvert] did not commit any dishonest or criminal acts in connection with his work as alleged by the Department [of Industrial Relations] and/or his employer Sysco.
"The Court is reasonably satisfied from the evidence that the Plaintiff, Edward Calvert, was not terminated for committing any dishonest or criminal act in connection with his work as alleged by the Department and/or Sysco.
"The Court is reasonably satisfied from the evidence that the Plaintiff, Edward Calvert, is not disqualified or ineligible for benefits under Ala. Code 1975[,] § 25-4- 78(3)(a)....
"The Court specifically finds that
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