Page:Smith v. American Greetings Corp.pdf/4

Rh proprietary interests. Wagner, supra.

Id. at 249, 743 S.W.2d at 385 (1988).

The case cited at the end of the above quotation was decided by the Supreme Court of Arizona, Wagner v. City of Globe, 150 Ariz. 82, 722 P.2d 250 (1986). That case involved a policeman who had refused to conceal the illegal arrest and detention of a prisoner and was instrumental in having him brought before a magistrate. After characterizing the policeman's conduct as "whistleblowing" activity, the court concluded that such activity serves a public purpose and should be protected, so long as the employee's activity is not merely private or proprietary but seeks to further the public good.

[2] In considering a motion for a judgment on the pleadings for failure to state facts upon which relief can be granted, the facts alleged in the complaint must be treated as true and viewed in the light most favorable to the party seeking relief. Battle v. Harris, 298 Ark. 241, 766 S.W.2d 431 (1989).

[3] Here, plaintiff alleged that he had a dispute with his shift leader while at work, and after work he tried to discuss the matter, but the shift leader hit him. He alleged that he was fired the next day "because the management of defendant's corporation found that he had provoked management personnel into a fight." Plaintiff does not allege that he was pursuing some matter in the public interest and, that as a result, the defendant fired him. Instead, he merely alleges the redress of a private wrong. The trial court was correct in ruling that the complaint does not state facts upon which relief can be granted.

Plaintiff next argues that the defendant's handbook for employees constitutes an express contract prohibiting termination except for cause, and he was fired in violation of that contract.

In ''St. Louis Iron Mtn. & So. Rwy. Co. v. Matthews'', 64 Ark. 398, 42 S.W.902 (1897), we extended the employment-at-will doctrine to allow discharge for any reason, even if a contract stated the employee could be discharged only for cause. In Jackson v. Kinark Corp., 282 Ark. 548, 669 S.W.2d 898 (1984), we impliedly modified the rule by reversing the granting of summary judgment because the employer's handbook provided for a three-month probationary period which was at least an