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Daniel v. Carolina Sunrock Corp.

6/1/1993

eption too far, and what was characterized as a "narrow exception" to the employment at will doctrine will virtually swallow the rule.


I would also vote to affirm the trial court's entry of summary judgment on the basis that plaintiff has failed to demonstrate a sufficient causal connection between the actions of Pfohl and her discharge. Plaintiff received the subpoena in January of 1988. The Gentry lawsuit was settled in May of 1988 and it was not until June of 1989 that plaintiff was finally discharged. Thus seventeen months elapsed from the time plaintiff was subpoenaed until she was finally discharged. A full thirteen months transpired from the date the Gentry case was settled until plaintiff's discharge. In both Sides and Williams, the lapse of time was much less, with no more than three months transpiring between the truthful testimony of the employee and their termination, leaving no doubt a direct causal relationship existed. However, on the facts of this


case, the lapse of at least thirteen months between the settlement of the Gentry case and plaintiff's discharge shows a complete lack of any causal connection, and precludes plaintiff's claim as a matter of law.


For the foregoing reasons I respectfully Dissent and would vote to affirm the trial court on the issue of wrongful discharge.




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