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Wal-Mart Stores11/21/2003
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The record in this case demonstrates that the appeals referee held a hearing on Hepp's claim. The notice of hearing indicated that whether Hepp was discharged for misconduct was going to be at issue at the hearing. Moreover, the record contains what Hepp asserts is a transcript of the hearing. This transcript indicates that both Hepp and a Wal-Mart representative were present at the hearing, and although neither was represented by counsel, both parties were given the opportunity to present testimony and evidence. Although Hepp acknowledged that he committed the acts Wal-Mart alleges were misconduct, Hepp claimed that he failed to complete the service orders because he was sick at the time and was on strong medication. He also repeated his argument that he believed Wal-Mart terminated him because he had settled the workers' compensation claim, and he had the opportunity to present evidence to substantiate this claim. The record thus indicates that Hepp had an adequate opportunity to litigate the issue whether he was terminated because of misconduct or because he had filed an action seeking workers' compensation benefits.
Finally, it is clear from the referee's decision that the issue we determine Hepp is estopped from relitigating -- whether Hepp was fired for misconduct -- was both actually litigated and necessary for the referee's decision. Because all five elements of collateral estoppel are met, Hepp is estopped from relitigating in his retaliatory-discharge action the reason for his discharge. See generally Smitherman, supra; Rigby v. Marshall, 134 F. Supp. 2d 1259 (M.D. Ala. 2000) (holding that a decision by an unemployment-compensation referee that an employee was terminated for misconduct under § 25-4-78(3)(c) collaterally estopped the employee from filing a 42 U.S.C.A. § 1983 action alleging retaliatory discharge); Smith v. Alabama Aviation & Tech. College, 683 So. 2d 426 (Ala. Civ. App. 1995) (holding that an employee was barred by the doctrine of collateral estoppel from filing a 42 U.S.C.A. § 1983 action alleging he was terminated in retaliation for exercising his right to free speech after an employee-review panel held that the employee was fired for failing to perform his duties satisfactorily).
Because Hepp is collaterally estopped from relitigating, in his retaliatory-discharge action, the reason for his termination, Wal-Mart has shown that it is entitled to a judgment as a matter of law, and a summary judgment in its favor is proper. We therefore reverse the trial court's denial of Wal-Mart's motion for a summary judgment, and remand this cause for the trial court to enter a judgment in favor of Wal-Mart on Hepp's retaliatory-discharge claim.
REVERSED AND REMANDED.
Houston, See, Lyons, Johnstone, Harwood, and Stuart, JJ., concur.
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