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Brandenburger v. Hilti3/27/1989
rge from Gateway to "get adjusted" before informing him that he was terminated. Plaintiff was absent from work approximately forty-five days when he was released from his employment. Defendant gave plaintiff a week off in consideration of plaintiff's emotional state after his release from Gateway. If Hilti had immediately discharged plaintiff upon his release from Gateway it may have upset plaintiff emotionally and affected his rehabilitation, so Hilti waited a week to let plaintiff "get adjusted."
Since Hilti's conduct was not extreme and outrageous, plaintiff was unable to establish one of the prima facie elements necessary for a claim of reckless infliction of emotional distress.
The trial court in the case sub judice did not err when it granted defendant's motion for directed verdict on plaintiff's claims since plaintiff was discharged for just cause as a matter of law, defendant's conduct was not extreme and outrageous to establish a reckless infliction of emotional distress claim and Ohio law does not recognize a claim for breach of the covenant of good faith in terminating an employment contract for just cause.
Accordingly, plaintiff's assignments of error are not well-taken and are overruled.
Judgment affirmed.
DYKE and WIEST, JJ., concur.
MARK K. WIEST, J., of the Court of Common Pleas of Wayne County, sitting by assignment.
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