Stewart v. Shelby Tissue, Inc.

189 F.R.D. 357 (W.D. Tenn. 1999)

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Nature of the Case

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Facts

P was employed by Shelby (D) and its parent, GE (D) as Chief Executive Officer. A contract of employment was entered into between the parties. P was eventually demoted to Sales Manager. D resigned and began work with Kruger, Inc. and Global Tissue, LLC. P filed this complaint. After the complaint was filed, Ds sent a letter to Kruger concerning P claiming that P could not compete with D based upon an alleged employment agreement. Ds also wrote P and advised him he was in violation of that alleged employment agreement. P was terminated from Kruger/Global Tissue. On April 26, 1999, P filed his First Amended Verified Complaint. This complaint included Count VII, alleging unlawful inducement of breach of contract and Count VIII, alleging tortious interference with contractual relations. At this time neither Ds had filed an answer. The additional counts are based on the actions of Ds subsequent to P's initial filing of his complaint. P then filed a motion for leave to amend. Ds opposed the motion.