Brockmeyer v. Dun & Bradstreet

Brockmeyer v. Dun & Bradstreet 113 Wis. 2d 561, 335 N.W.2d 834 (Wis. 1983), was a case in which the Wisconsin Supreme Court first identified that Wisconsin has some judicial exceptions to the employment at will doctrine.

Brockmeyer v. Dun & Bradstreet
CourtWisconsin Supreme Court
Full case nameCharles J. Brockmeyer, Plaintiff-Respondent and Cross-Appellant-Petitioner, v. Dun & Bradstreet, a foreign corporation with registered agent being C.T. Corporation System, Defendant-Appellant and Cross-Respondent.
DecidedJuly 1, 1983 (1983-07-01)
Citation(s)113 Wis.2d 561; 335 N.W.2d 834
Case history
Appealed fromWisconsin Court of Appeals (109 Wis.2d 44, 1982)
Court membership
Judges sittingBruce F. Beilfuss, Nathan S. Heffernan, Roland B. Day, Shirley S. Abrahamson, William G. Callow, Donald W. Steinmetz, Louis J. Ceci
Case opinions
Decision bySteinmetz
Concur/dissentDay, Callow, Ceci
Keywords

Facts

Charles J. Brockmeyer was employed at investment firm Dun & Bradstreet as a district manager of credit services, though he lacked a formal employment contract.[1] After the employer settled a sex discrimination suit filed by the employee's former secretary, with whom he allegedly had an affair, the employer fired the employee. The court held that it was appropriate to create a public policy exception to the employment-at-will doctrine, as the termination had clearly violated a well-defined public policy, as evidenced by existing law. While the employer's actions may have constituted bad faith, they did not contravene the policies of any statute or constitutional provision. As the employee failed to prove that his discharge violated fundamental public policy, the decision for the employer was appropriate.

Holding

The court affirmed the decision of the lower court in favor of the employer.

Citations

The case is cited in Bammert v. Don's Super Valu, Inc.

References

  1. Amy Ronner, Brockmeyer v. Dun & Bradstreet: The Narrow Public Policy Exception to the Terminable-At-Will Rule, 38 University of Miami Law Review 565 (May 1, 1984).

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