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HAMMOCK v. RYDER DEDICATED LOGISTICS3/20/1998
al fact, and we find that Hammock presented no substantial evidence to rebut that showing. Thus, we must conclude that the trial court properly entered the summary judgment on the claim alleging a retaliatory discharge.
Hammock also argues that the trial court erred in entering the summary judgment on his outrage claim. Our Supreme Court first recognized this tort in American Road Service Co. v. Inmon, 394 So.2d 361, 364 (Ala. 1980), in which it stated that "an employer, by virtue of his position, possesses no roving license to treat his employee in an extreme and outrageous manner, whether before, during, or after their relationship." Thus, the court held that "one who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability" and that "the emotional distress thereunder must be so severe that no reasonable person could be expected to endure it. . . . By extreme we refer to conduct so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized society." Id. at 365 (citations omitted).
Hammock claims that the light-duty position, in itself, was harassing and outrageous. Hammock complains that the telephone never rang and that he was advised that reading a book while at work was "not a good idea." Hammock claims that he basically had to just sit in the lounge for 6 hours. Further, Hammock argues that he was switched from his usual shift of 8:00 a.m. through 4:00 p.m. to the night shift of 10:00 p.m. through 6:00 a.m. and that Hammock's first paycheck from the new position was for only $1. It is undisputed that Ryder had deducted Hammock's past-due medical premiums from the check. After Hammock complained of the low paycheck, Ryder made smaller deductions from his checks to cover the remaining past-due medical premiums.
Hammock claims that he was harassed. He alleges that a Ryder supervisor came to his home and told him to report to work and that he went to work and was left standing in the middle of the plant for an hour and then he was told to go home. Hammock argues that Ryder's eliminating the light-duty position and its attempting to settle his workers' compensation claim in return for his resignation further support his outrage claim.
"Mere insults, indignities, threats, annoyances, petty oppression, or other trivialities" will not support a finding of the tort of outrage. Id. at 365. There is no precise formula for what conduct will be deemed "beyond all possible bounds of decency," "atrocious," and "utterly intolerable in a civilized society." Id.
After reviewing the record, we find the evidence not sufficient to support an outrage claim. Hammock's allegations do not support a finding of the tort of outrage; we conclude that Ryder's alleged conduct did not exceed the bounds of decency establ
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