We will be reaching out to you in the next few months to have additional carpet installed in our bonus room and possibly the dining room. Thank you again and we look forward to working with you in the future.
I would like to acknowledge the superior customer service that you have provided since the very first time we met. It is rare to have someone be so professional and courteous — we will recommend you and this company to as many people as we can! Working with you has been the ONE bright light in this less than positive experience of remodeling.
Thanks so much for the pleasure of working with you! The men were very nice and polite. Referring to the parent's wish that she be fired, Gatto admitted, "This was a good way to jump on the bandwagon.
This was the only thing that I had done that would merit criticism like that. On May 21, , Peerless and St. Richard's Personnel Policy Committee met to discuss Gatto's job performance. Peerless had already decided that Gatto's employment should be terminated, and the committee concurred with his decision. A few days later Peerless met with Gatto to notify her of the termination, explaining that she was not a good fit for the school.
In a letter dated May 26, Gatto challenged the decision and argued that she was not given any reasons for her termination. To inform parents of five personnel changes for the upcoming school yearincluding Gatto'sPeerless and the president of the Board of Directors sent a two-page letter dated June 4.
The only portion addressing Gatto's employment status read: Mr. Gatto should not return next year. This decision was the conclusion of a normal personnel process for these matters. The School's policy in evaluating any employee is to treat the details of such discussions in confidence.
Within seven months of the letter, Gatto filed a three-count complaint alleging, in part, that St. Richard's breached her employment contract when it terminated her employment. Gatto also brought a claim for tortious interference with contract against Larry and Jan Wechter and against Robert and Midge Greising, parents of students who attended St. Her third and final count alleged that the Board of Directors and the school defamed her by sending the June 4 letter to the school's parents.
Richards responded by filing a motion for summary judgment, which the trial court ultimately granted on all counts. Gatto now appeals. Standard of Review The party appealing from a summary judgment decision has the burden of persuading the court that the grant or denial of summary judgment was erroneous. Owens Corning Fiberglass Corp. Cobb, N. Summary judgment is appropriate only if the pleadings and evidence sanctioned by the trial court show that "there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
Trial Rule 56 C. The review of a summary judgment motion is limited to those materials designated to the trial court. Trial Rule 56 H ; Rosi v. Business Furniture Corp. On a motion for summary judgment, all doubts as to the existence of material issues of fact must be resolved against the moving party. Owens Corning, N. Gatto's Claims A. Breach of Contract The essential elements of a breach of contract action are the existence of a contract, the defendant's breach thereof, and damages.
Shumate v. Lycan, N. Gatto argues that genuine issues of material fact exist regarding whether St. Richard's breached her employment contract by failing to comply with the process for termination.
The Faculty Member will receive written notice of termination. Employee shall be paid through the effective date of termination. Appellant's Br. The contract specifically defines the "School" as St. Richard's School Foundation, Inc.
According to Gatto, Peerless and the School are not "interchangeable," and, therefore, Peerless had no contractual authority to determine whether reasonable cause existed to terminate her.
The undisputed facts, however, show that the school delegated to Peerless the authority to hire and fire employees. His own contract with the School makes this delegation explicit: Additionally, as Head and the educational operating and administrative leader of St.
Richard's, you will have general supervision and management over all aspects of school operations, as well as all subsidiary activities sponsored by the School and other duties assigned by the Board of Directors. Included in the foregoing, by way of illustration and not limitation, are preparation of the annual budget and the engagement, termination and delineation of the duties of all administrative, faculty and staff employees, all of whom shall be responsible to, and report to you.
On behalf of the school, Peerless hired Gatto and signed her employment contract. Moreover, Peerless was responsible for evaluating Gatto's performance, formally and informally. Exercising his delegated authority, Peerless fired Gatto. Gatto makes much of the fact that St. Richard's is a "separate entity" from Peerless. We agree that the St. Richard's and Peerless are separate metaphysical entities. But one entity a principal may delegate its authority to another entity an agent.
See Dept. Indianapolis Brewing Co. Gatto also attempts to create a genuine issue of material fact by asserting that the school board ultimately terminated Peerless's contract some time after he had fired her. From his termination, she infers that the school board was required to terminate all employee contracts. In addition to the clear delegation of authority in Peerless's contract to terminate employees, two other factors make her inference unreasonable.
First, his own contract reveals that he was responsible to the school board for the performance of his duties. Naturally, the school board would determine whether he carried out those responsibilities, instead of expecting Peerless to fire himself if he concluded after careful evaluation that he was not performing his work in accord with the school board's expectations. Second, Gatto has failed to disclose any instance where the school board fired an employee other than Peerless, the school board's chief executive officer.
Gatto attempts to create a separate issue by arguing that a genuine issue of material fact exists as to whether St. Richard's itselfrather than Peerlessmade a determination that reasonable cause existed to fire her.
Her argument is redundant: the school delegated authority to terminate employees to Peerless. In other words, the school acted through its agent, Peerless, when she was fired. She contends that the school breached her contract by failing to provide post-termination notice. Richard's concedes that there is a dispute regarding whether Gatto received written notice of her termination. Appellees' Br. However, the school argues that even if Gatto did not receive written notice of her termination, such fact would not constitute a breach as a matter of law.
We were confronted with similar circumstances in Lewis v. Charles A. Beard Memorial School Corp. There, the school corporation decided not to renew a nonpermanent teacher's contract for the following year. Resides in Hopewell Junction, NY. Includes Address 8 Phone 3 Email 1. Also known as Bobby Gatto. Includes Address 7 Phone 3 Email 2.
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