Dupler v. Seubert

230 N.W.2d 626 (1975)

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Nature of the Case

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Facts

P had worked for the telephone company as a customer service representative since 1960. At 4:30 p.m. on April 23rd, Seubert asked P to come to Peterson's office. When all three were inside, sitting down, with the door closed, Seubert told P the telephone company would no longer employ her and that she could choose either to resign or be fired. P refused to resign and Peterson discussed several alternatives short of dismissal, all of which had been considered but rejected. At approximately 5 o'clock, Dupler testified, she began to feel sick to her stomach and said 'You have already fired me. Why don't you just let me go.' P made a motion to get up but Peterson told her to sit down in 'a very loud harsh voice.' P testified, she began to feel violently ill and stated ''I got to go. I can't take this any more. I'm sick to my stomach. I know I'm going to throw up.'' She got up and started for the door but Seubert stood in front of the door. After P repeated that she was sick, Seubert allowed her to exit but followed her to the men's washroom, where P did throw up. At approximately 5:25, Seubert asked P to return to Peterson's office where she had left her purse to discuss the situation further. P testified that she went back to the office and reached for her purse; Seubert again closed the door and Peterson said '[i]n a loud voice 'Sit down. I'm still your boss. I'm not through with you.'' At approximately 5:40 P told Peterson her husband was waiting for her outside in a car. P went outside and explained the situation to her husband who said ''You get back in there and get your coat and if you aren't right out I'll call the police.'' P returned and was again told in a loud tone of voice to sit down. Ds were trying to convince her to resign rather than be fired. P then said: ''What's the sense of all this. Why keep torturing me. Let me go. Let me go.'' She stated that Peterson replied ''No, we still aren't finished. We have a lot of things to discuss, your retirement pay, your vacation, other things.'' Finally, at approximately 6 o'clock they left her go. P stated that she stayed so long because Seubert, had blocked the door, and with all the shouting and screaming she was scared to make an effort as there were two against one. P sued Ds for false imprisonment. Ds denied that any loud or threatening language had been used, or that P was detained against her will. Ds said the session was so lengthy because P continued to plead for another chance, and to request reasons for the dismissal. The jury fixed damages at $7,500. The court lowered it to $500 and P appealed.