The jury awarded $20,000 in actual damages based on the findings of retaliatory discharge and breach of contract, and $50,000 in punitive damages based on the breach of duty of good faith and fair dealing. 5221k § 5.05 (Vernon 1987) (the "Act"), for breach of contract with regard to the GFTP, and for breach of a duty of good faith and fair dealing with regard to the GFTP. The jury found Federal Express liable for retaliatory discharge under the Texas Commission on Human Rights Act, Tex. During the GFTP, Dutschmann alleged that she was fired in retaliation for making sexual harassment complaints against a co-worker several years prior to her discharge.Īfter her termination was upheld by the Board of Review, Dutschmann filed this suit. Dutschmann availed herself of the GFTP, appealing all the way to the Board of Review, a final discretionary review granted by the chief executive officer of Federal Express. The handbook outlined Federal Express's "Guaranteed Fair Treatment Procedure" (GFTP), which permitted discharged employees to receive a review of their termination, with the possibility of reinstatement. Dutschmann signed an agreement acknowledging receipt of the handbook and acknowledging that the handbook did not create an employment contract or otherwise modify her at-will employment status. Federal Express's employee handbook stated that employment was at-will, that the handbook did not constitute an employment contract, and that the handbook could be modified or withdrawn at any time. However, we affirm the judgments of the court of appeals and the trial court regarding statutory damages because, despite the lack of an employment contract, the statutory damage award is supported by the finding of retaliatory discharge.īecause Dutschmann is not entitled to an award of punitive damages without a finding of actual tort damages, we reverse that *283 portion of the judgments of the court of appeals and trial court awarding punitive damages to Dutschmann.įederal Express discharged Dutschmann from employment for allegedly falsifying delivery records. We disagree with the court of appeals' opinion that the trial court was correct in submitting a jury question regarding the existence of an employment contract because no contract existed as a matter of law between the parties. Judgment was rendered on the jury findings and the court of appeals, with one justice dissenting in part, affirmed. The jury awarded actual damages on the retaliatory discharge and breach of contract claims, and punitive damages on the breach of good faith and fair dealing. The jury found that: (1) Dutschmann was discharged in retaliation for filing claims of sexual harassment against fellow employees (2) Federal Express had contracted to provide a "Guaranteed Fair Treatment Procedure" to Dutschmann and (3) Federal Express breached a duty of good faith and fair dealing in the conduct of the GFTP. Marcie Dutschmann sued for wrongful discharge from employment. Jones, William Gary Fowler, Dallas, Connie Lewis Lensing, Memphis, TN, for petitioner. 846 S.W.2d 282 (1993) FEDERAL EXPRESS CORPORATION, Petitioner,
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