Case Name: Ivan Wells v. Huish Detergents, Inc.
Abstract: Defendant filed a Motion for Summary Judgment. This Court granted that motion.Defendant employed Plaintiff. While at work, Plaintiff slipped and fell injuring his knee. Approximately one month later, management allegedly discovered that Plaintiff was self-dealing in violation of company policy. Defendant fired Plaintiff. Plaintiff alleges that he had permission from a company supervisor to self-deal and that he was actually fired for his disability. He received knee surgery approximately two weeks after his termination. Plaintiff brings suit alleging breach of express and implied contract, breach of a covenant of good faith and fair dealing, intentional infliction of emotional distress, retaliatory termination, violation of the Kentucky Equal Opportunities Act (KEOA), and violation of the Kentucky Civil Rights Act (KCRA). Defendants moved for summary judgment and this Court granted that motion. Plaintiff could be fired for self-dealing despite permission from a company supervisor. Defendant and plaintiff had an employment contract that contained explicit language that Plaintiff was an at-will employee and that no conduct by any employee short of a written, signed statement by the company president could alter his at-will status. The supervisor's permission falls short of this statement and does not alter the at-will status. As such, his first two actions fail. His last two actions fail as Plaintiff cannot demonstrate a disability under KEOA or KCRA.