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Dietz v. Finlay Fine Jewelry Corp.8/22/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Appellant-plaintiff Melissa Dittoe Dietz ("Dietz") appeals from the dismissal of her suit against appellee-defendant Finlay Fine Jewelry Corp. ("Finlay") and, alternatively, the grant of summary judgment in favor of Finlay on Dietz's claims for invasion of privacy, false imprisonment, defamation, intentional infliction of emotional distress, and intentional interference with an employment relationship. Dietz also appeals the separate grant of summary judgment in favor of appellees-defendants L.S. Ayres & Company, Inc., The May Department Stores d/b/a L.S. Ayres, Famous-Barr Co., and Dennis Bake (collectively, "Ayres") on the same claims. We affirm in part, reverse in part, and remand.
Issues
Dietz raises the following issues for our review:
I. whether the trial court erred when it dismissed her complaint against Finlay for lack of subject matter jurisdiction;
II. whether the trial court erred when it granted summary judgment in favor of Finlay and Ayres on her claims for:
A. invasion of privacy, where the security manager allegedly disclosed information about Dietz's credit history to one or two other employees;
B. false imprisonment, where Dietz was detained and questioned about an unauthorized discount and allegedly was further questioned about missing jewelry;
C. defamation, where the security manager allegedly accused Dietz of having a drug or alcohol problem and suggested that she stole jewelry to support such;
D. intentional infliction of emotional distress, where the security manager questioned Dietz in a gruff and intimidating manner;
E. intentional interference with the employment relationship, where Dietz was discharged after admitting she had given an unauthorized discount to a customer.
Facts and Procedural History
The facts favorable to Dietz follow. Finlay leases a commercial space in the L.S. Ayres retail store, from which it sells fine jewelry. Finlay did not employ its own security personnel but, instead, utilized the security services provided by L.S. Ayres. In July of 1998, Finlay hired Dietz as a sales clerk at a wage of $6.00 per hour plus commissions.
In September of 1998, a customer wanted to purchase a Finlay diamond ring on sale for $1,439.20. The customer intended to charge the purchase to her "top" account, but Dietz did not know how to perform that task. After she mistakenly placed the purchase on the customer's "flex" account, Dietz voided the transaction and then repeatedly sought assistance to complete the sale. Both Dietz and the customer grew frustrated. Eventually, an L.S. Ayres manager assisted Dietz. Without authorization, Dietz gave the then "irate" customer an extra ten percent discount.
L.S. Ayres security manager Dennis Bake ("Bake") learned about the transaction from another employee. He confirmed the unauthorized sales price and spoke with his supervisor. Thereafter, Bake asked Dietz to accompany him to an interview room, and Dietz complied. Two other employees were present. Kathleen Camp ("Camp"), a sales manager, witnessed the interview because, if a female is interviewed, "they call one of the female managers in on it[.]" A male security employee, Curt Seufert ("Seufert"), allegedly examined video monitors during the first five or ten minutes of the meeting, a task unrelated to the Dietz interview. Dietz sat in a chair, and Bake sat in front of her.
The ensuing interview lasted fifty-seven minutes. Dietz first signed a document acknowledging that she understood she was free
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