Murphy v. American Home Products Corp.

58 N.Y.2d 293, 448 N.E.2d 86, 461 N.Y.S.2d 232 (1983)

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Nature of the Case

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Facts

Murhpy (P) was employed by American (D) in 1957. He never had a formal contract of employment. P was discharged in 1980. P claims he was discharged for disclosure to officers and directors about top management accounting improprieties of $50 million and because of his age (59). P filed various causes of action against D. (1) The discharge was wrongful, malicious and in bad faith and against public policy. (2) The dismissal was intended to and did cause severe emotional distress. (3) The discharge was intentionally humiliating and was intended to cause severe emotional distress. (4) His employment contract which was of an indefinite duration contained an implication of good faith and fair dealing. P's actions were dismissed by the trial court and P appealed.