[Download] "Todd v. Franks Tong Service" by South Carolina Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Todd v. Franks Tong Service
- Author : South Carolina Supreme Court
- Release Date : January 19, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
1 Jerrol Todd (hereinafter "appellant") was employed as a truck driver by Franks Tong Service, Inc. (hereinafter "appellee") until his termination. Thereafter, on April 20, 1987, the appellant filed a complaint with the Secretary of Labor alleging that his discharge violated 49 U.S.C.App. ? 2305 of the Surface Transportation Assistance Act. A review of the findings and preliminary order issued by an investigator for the Secretary of Labor is currently pending before an administrative law judge from the United States Department of Labor. Seven days after the labor complaint was filed the appellant proceeded to file a petition in state court alleging wrongful termination based on a violation of the implied duty of good faith in employment contracts. This petition was dismissed without prejudice by the trial court but the appellant was allowed to amend and, approximately five months later, the appellant filed his First Amended Petition claiming that the termination by the appellee constituted a tort of wrongful discharge because it contravened principles of public policy. The appellee renewed its motion to dismiss and the case was dismissed with prejudice due to "failure to state a claim upon which relief [could] be granted and lack of subject matter jurisdiction." The Court of Appeals affirmed the judgment of the trial court.