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Raymond Pichler v. Jersey Elevator Co.

April 5, 2012

RAYMOND PICHLER, PLAINTIFF-APPELLANT,
v.
JERSEY ELEVATOR CO., INC. AND JOHN SWEENEY, JR., DEFENDANTS-RESPONDENTS.



On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L-5965-08.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued November 15, 2011

Before Judges Payne, Reisner and Hayden.

Plaintiff, Raymond Pichler, the former Vice-President of Jersey Elevator Co., Inc. and the head of its maintenance department who was terminated from his employment on June 12, 2008, appeals from an order of summary judgment in favor of the company and its President, John Sweeney, Jr., on claims of breach of express employment contract, defamation, breach of the implied covenant of good faith and fair dealing, and violations of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. On appeal, he raises the following issues:

POINT I

THE COURT ERRED BY FAILING TO GIVE ALL FAVORABLE INFERENCES TO, AND VIEW THE EVIDENCE IN A LIGHT MOST FAVORABLE TO APPELLANT, AND ADJUDICATED MATERIAL ISSUES [OF] FACT AS TO WHICH THERE IS GENUINE DISPUTE.

POINT II

THE MOTION JUDGE MISAPPLIED AND, IN SOME INSTANCES COMPLETELY IGNORED, THE SUBSTANTIVE LAW GOVERNING APPELLANT'S CLAIMS.

POINT III

THE COURT ERRED IN FINDING THAT THE PLAINTIFF WAS AN AT-WILL EMPLOYEE AS THERE ARE AMPLE MATERIAL ISSUES OF FACT IN DISPUTE FROM WHICH A TRIER OF FACT COULD REASONABLY CONCLUDE THAT AN EXPRESS EMPLOYMENT CONTRACT EXISTED, OR IN [THE] ALTERNATIVE, AT A MINIMUM, AN IMPLIED CONTRACT.

A. Express Employment Contract Claim.

1. Plaintiff could only be terminated for just cause based on both the intent of the parties and language of the Contract.

2. Although the Contract was for an undefined term, Plaintiff could only be terminated for just cause.

3. Defendants have failed to establish just cause for terminating plaintiff.

B. Implied Contract and Implied Covenant of Good Faith and Fair Dealing Claims.

1. Woolley Implied Employment Contract.

2. Implied Employment Contract.

[C.] Covenant of Good Faith and Fair Dealing Claim.

POINT IV

THE COURT ERRED IN DISMISSING THE PLAINTIFF'S CLAIMS FOR DISCRIMINATION AS THERE ARE AMPLE MATERIAL ISSUES OF FACT IN DISPUTE FROM WHICH A TRIER OF FACT COULD REASONABLY ...


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