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Bricker v. Jackpot Convenience Stores12/17/1999
Roger and Linda Bricker appeal the summary judgment of their wrongful termination case, arguing that: (1) in granting summary judgment, the trial court relied on a defective declaration; (2) material issues of fact exist as to whether Roger Bricker was terminated or constructively discharged in violation of public policy; (3) a cause of action for wrongful transfer is cognizable for private sector employment; and (4) the trial court erred in denying a motion to compel deposition testimony and the production of documents. Finding no error, we affirm.
FACTS
I. Employment History
Jackpot Convenience Stores, Inc. ("Jackpot CS"), a subsidiary of Time Oil Company ("Time Oil"), offers franchises of convenience stores, which are dependent upon Time Oil for the store's facility, operating equipment and the gasoline to be sold. In February 1993, Roger Bricker became vice president of Jackpot CS. Bricker also became vice president of Jackpot Food Mart Company ("Jackpot FM"), another subsidiary of Time Oil. Jackpot FM operates convenience stores as "company stores" under franchise from Jackpot CS.
As vice president, Bricker was responsible for overseeing and administering the operations of the franchise system. He reported to Roger Holliday, chairman of the board and president of Jackpot CS, Jackpot FM, and Time Oil. Through January 1995, Bricker enjoyed a sound relationship with Holliday and a yearly salary of approximately $90,000.
Eventually, however, their relationship deteriorated. Bricker insisted that franchisees not operating company stores be dealt with in good faith and that company stores not be afforded benefits beyond those enjoyed by other franchisees. Holliday purportedly (1) interfered with a franchisee's attempt to sell a franchise to a prospective buyer whom Holliday disliked; (2) charged higher rents to, and refused to approve rent reductions for, certain franchisees he disliked; (3) directed that a franchisee not be informed of a proposed freeway addition near the franchise; (4) concealed plans to acquire franchisees' stores and to convert them into company stores for co-branding with fast food chains; and (5) on May 5, 1995, ordered Bricker to take back the stores of a defaulting franchisee who had initially expressed an intention to return one of her stores (which would have been valuable as a co-branded store) but who later decided to return her other store instead. In regard to only this last incident, Bricker confronted Holliday, telling him that "it was illegal and unethical to take away" the store and that he "would have no part of this act." In response, Holliday "became extremely angry." The following week, on May 11, 1995, Bricker injured his back at work causing him to miss work for much of the remainder of May and early June.
On June 13, Holliday telephoned Bricker at home, telling him that he was "going to be replaced," but that when he recuperated he could possibly do consulting work for Jackpot. When Bricker asked him to put the decision terminating his employment in writing, Holliday responded that he would discuss it with Terril Henderson, an officer and director of Time Oil and Jackpot CS.
Henderson telephoned Bricker later that day, but would not respond to Bricker's question about whether he was being terminated because of his injury . Henderson indicated that Bricker perhaps could do some consulting work for the company after recovering, but that he could not assure that it would pay the same as Bricker's present job . That same day, Henderson told deli supervisor James Melton that Bricker was "not coming back to the company."
On June 16, however, Holliday circulated a memo
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