Cloutier v. The Great Atlantic & Pacific Tea Company, Inc

In Cloutier v. The Great Atlantic & Pacific Tea Company, Inc., 121 N.H. 915, 436 A.2d 1140 (1981), the Court was asked to determine whether the plaintiff sufficiently established a public policy to satisfy the test for wrongful discharge. The plaintiff, a store manager, had secured police protection for company employees making cash deposits on their way from the store to the bank. This protection was provided in large part because the store was located in a dangerous area, and was one of two stores open late at nigh, in a shopping plaza. After about six months, the company discontinued the use of police protection and both the plaintiff and the assistant manager complained to their supervisors about concerns for the safety of the employees making night bank deposits. The plaintiff's supervisor authorized the plaintiff to lock up any funds for deposit in the store's safe if any employees were afraid to make deposits at night or on the weekends. After the store was broken into and the safe burglarized, the company discharged the plaintiff for failing to store the funds in a "barrel safe" as required by company policy. Plaintiff then brought a wrongful discharge action against the defendant. The New Hampshire Supreme Court affirmed the trial court's denial of defendant's motion for directed verdict, and found that there was an adequate nexus between the public policy asserted by the plaintiff and the reasons for discharge. The Court found that a public policy based on OSHA regulations requiring the defendant to provide the plaintiff with a safe work environment, as well as the plaintiff's "laudable public policy objective of protecting the employees who worked under him" was sufficient to demonstrate that he was discharged because he performed an act that public policy would entourage, or refused to do something that public policy would condemn. Id. at 923. Furthermore, the Court recognized that indentifying a public policy, like determining who is a "public figure" in libel cases involves questions best left to the jury. Id. at 924. The court noted, "the existence of a 'public policy' also calls for the type of multifaceted balancing process that is properly left to the jury in most instances." Id.