Supreme Court Denies Public Policy Exception to At Will Employment for Employee Who Files Personal Injury Lawsuit Against Employer
The Iowa Supreme Court declined to create a public policy exception to the general rule of at will employment in Berry v. Liberty Holdings , No. 10-0094 (Iowa Sept. 9, 2011). Berry involved an employee who was injured when a concrete pumper truck struck and injured him while he was on his way home from work. Plaintiff worked for Liberty Holdings and the truck which struck him was owned by Premier. Berry filed suit against Premier and settled the case within the policy limits. Nine months after the settlement, he was fired by Liberty. Plaintiff alleged that in filing his claim against Premier, he was engaged in a protected activity, and he brought a wrongful termination suit against Liberty. Liberty filed a motion to dismiss, indicating there was no clearly defined public policy right that was violated by the termination. The district court granted the motion to dismiss, but this action was reversed by the court of appeals, and the claim was remanded...