 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Thomas v. Medical Center Physicians12/27/2002
procedure and ratified the action of the corporation. Under the law of waiver, a party generally cannot accept a benefit from a procedure or action and then claim that the procedure or act is invalid. Johnson v. Pischke, 108 Idaho 397, 401, 700 P.2d 19, 23 (1985). The first agreement provided for Thomas' resignation as a shareholder. The second effectuated his withdrawal from the partnership and the sale of his partnership interest. Both agreements stated that Thomas' employment had been terminated, and Thomas received over $23,000 in consideration pursuant to the agreements.
The district judge also found that Thomas waived any procedural irregularities of his termination as a corporate director under Idaho Code §§ 30-1-823 and 30-1-824(4). Regardless of whether this ruling is correct, Thomas has not argued on appeal that the trial court erred in finding that he waived his rights and ratified the termination procedure. Thomas simply argues that the termination procedure was flawed. Even if flawed, if waived and ratified, it is effective. Because not raised on appeal, the district judge's ruling that Thomas waived and ratified the termination procedure that Medical Center used to terminate him is affirmed. State v. Raudebaugh, 124 Idaho 758, 763, 864 P.2d 596, 601 (1993).
The district judge ruled that Thomas' breach of contract claim was barred by waiver, and the remainder of Thomas' claims were dismissed on the merits. However, Thomas argues that the procedural irregularities (the same conduct the district judge found he waived) impacted his claims for breach of good faith and fair dealing, interference with an existing contract, and interference with an economic advantage, and Idaho Code § 30-1-821. Because these claims are barred by waiver, there was no error in dismissing them as well.
2. Employment At-Will
The district judge ruled that Thomas was an at-will employee. "Unless an employee is hired pursuant to a contract which specifies the duration of the employment, or limits the reasons why the employee may be discharged, the employee is 'at-will.'" Nilsson v. Mapco, 115 Idaho 18, 22, 764 P.2d 95, 99 (Ct. App. 1988). An at-will employee can be terminated for any reason or no reason at all. Id. On appeal, however, Thomas did not raise the issue of whether the district judge was correct in determining that he was an at-will employee, and this Court will not consider the issue on appeal. Thomas only uses the term "at-will" in passing in his opening brief, stating that " f this court finds that Thomas is an employee 'at-will,' the tort of intentional interference with a prospective economic advantage is applicable to individual defendants." Thomas does not argue or present authority showing that the district court erred in finding that Thomas was an at-will employee. Thomas does state that he "could only be terminated for reasons that were deemed to be in the 'best interests' of Medical Center... upon an affirmative vote of ninety percent (90%) of the corporate directors." This argument, however, only goes to the procedural irregularities of the termination, not to whether there were substantive limitations imposed by the "best interests" clause, which would make Thomas an employee other than at-will.
As to the tortious interference claim, it is clearly established that a party cannot tortiously interfere with his own contract. Ostrander v. Farm Bureau Mut. Ins. Co. of Idaho, Inc., 123 Idaho 650, 654, 851 P.2d 946, 950 (1993) (citations omitted). Because Medical Center's actions with respect to Thomas concerned Thomas' employment and arose out of his employment contract, Thomas has not stated a claim for tortious interference with contract.
Page 1 2 3 4 5 6 7 8 9 10 Idaho Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|