Salhab v. Tift Heart Ctr. PC

The trial court erred in granting summary judgment to the employer in plaintiff's suit for breach of a written employment contract and defamation, since genuine factual issues remained regarding the events leading up to the plaintiff's termination.

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After being terminated from her employment, Josephine Salhab sued her former employer for breach of a written employment contract and defamation. Although the trial court decided that her employer was entitled to judgment as a matter of law, we find otherwise and reverse. On July 14, 1997, Salhab and the Tift Heart Center, P.C. THC entered into a written employment agreement under which Salhab contracted to work as a physician’s assistant at THC for 24 months. Lisa M. Dix-Emperador, M.D., the president and sole stockholder of THC, executed the contract on behalf of the employer, THC. Paragraph 4.01 authorized the agreement’s termination “upon the occurrence of any of the following events:” A. By notice in writing to the other party given 90 days prior to the date of termination. B. Material breach of contract by Employee or Employer. C. Death or total disability of Employee. D. Employee conducting herself in an unprofessional, unethical or fraudulent manner, or if, in the opinion of Employer, such conduct discredits Employer or is detrimental to the reputation, character and standing of Employer. During the seventh month of the contract, Dix-Emperador terminated Salhab’s employment at THC. Thereafter, Salhab filed suit against THC, Dix-Emperador, and her husband Michael Emperador. Salhab sued THC and Dix-Emperador for breach of contract and defamation, and asserted a claim for tortious interference with contract against Emperador. In finding for the defendants, the court found no genuine issue of material fact in dispute.

1. Salhab contends that the trial court erred by construing the contested material facts in favor of the moving party. She argues that a jury should resolve the key facts in dispute and decide whether Dix-Emperador discharged her in good faith or did so for personal reasons unrelated to her job performance. We agree.

Salhab v. Tift Heart Ctr. PC

The trial court erred in granting summary judgment to the employer in plaintiff's suit for breach of a written employment contract and defamation, since genuine factual issues remained regarding the events leading up to the plaintiff's termination.

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