Opinion
No. 246, 1998.
February 4, 1999.
Court Below: Superior Court of the State of Delaware in and for New Castle County C.A. No. 96C-07-113
AFFIRMED.
Unpublished Opinion is below.
FAYE J. HARRIS, Plaintiff Below, Appellant, v. DELAWARE SUPERMARKETS, INC., a Delaware corporation, Defendant Below, Appellee. No. 246, 1998. In the Supreme Court of the State of Delaware. Submitted: November 4, 1998. Resubmitted After Remand: December 2, 1998. Decided: February 4, 1999.
Court Below: Superior Court of the State of Delaware in and for New Castle County C.A. No. 96C-07-113
Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices.
ORDER
This 4th day of February, 1999 upon consideration of the briefs of the parties and the supplemental filing by the Superior Court of its bench ruling of April 17, 1998 it appears as follows:
(1) This is an appeal by Faye J. Harris ("Harris"), a former employee of the appellee, Delaware Supermarkets, Inc. ("Employer"), from a decision of the Superior Court granting summary judgment in favor of the Employer on the ground that Harris was an employee at-will and her discharge did not give rise to a cause of action under Delaware law. That decision is affirmed.
(2) We agree with the Superior Court's conclusion that there is no material factual issue concerning Harris' at-will status nor is there any material issue of fact concerning any breach by her employer of an implied covenant of good faith and fair dealing under the standards announced by this Court in Merrill v. Crothall-American, Inc., Del. Supr., 606 A.2d 96, 101-02 (1992) and E. I. DuPont de Nemours and Co. v. Pressman, Del. Supr., 679 A.2d 436, 440-42 (1996). The Superior Court correctly ruled that as a matter of law that Harris' status as an at-will employee rendered her dischargeable under the circumstances. Accordingly, the grant of summary judgment was correct and should be affirmed.
NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED.
BY THE COURT:
/s/ Joseph T. Walsh, Justice