Cited by

Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915, 921-22 (1981).

The defendants’ true motivation for terminating the plaintiff could be proven either through direct evidence or through circumstantial evidence, which could include evidence that the defendants’ proffered reasons for the termination were not credible, see Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915, 921-23 (1981) (analyzing evidence offered by the plaintiff in support of wrongful termination claim).

at 406 (reversing summary judgment in favor of employer because a jury could conclude plaintiff was “discharged for refusing to lie and that public policy supports such truthfulness”); Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915, 923 (1981) (“[W]ith or without the existence of [the Occupational Safety and Health Act of 1970, 29 U.S.C.

Here, the jury, whose judgment best reflects “the prevalent sense of the community,” Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915, 924 (1981) (quotation omitted), unanimously determined that the defendant’s conduct constituted criminal negligence.

“The rationale underlying Monge is that there is an implied covenant in every contractual relationship that the parties will carry out their obligations in good faith.” Cloutier v. A & P Tea Co., Inc., 121 N.H. 915, 920 (1981).

While the court acknowledged that whether the discharge of an employee implicated a public policy is generally a question for the jury, the court reasoned, “[N]o rational fact finder could conclude that [the plaintiff] was fired for performing an act that public policy would encourage or for refusing to do something that public policy would condemn.” See Cloutier v. A & P Tea Co., Inc., 121 N.H. 915, 924 (1981); Short v. School Admin.

DUGGAN, J. The defendants, City of Manchester (city) and Susan Lafond, appeal a jury verdict in Superior Court (Lynn, J.) awarding the plaintiff, Michael Porter, compensatory and punitive damages for wrongful termination, see Cloutier v. A & P. Tea Co., Inc., 121 N.H. 915 (1981), and violation of 42 U.S.C.

Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915, 920 (1981).

Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915, 922, 436 A.2d 1140, 1143-44 (1981).

In the pure employment context, a common law employment relationship that is terminable by either the employee or the employer at any time is referred to as “at will.” See Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915, 919, 436 A.2d 1140, 1142 (1981).

“A trial court may grant a directed verdict only when the evidence and all reasonable inferences therefrom, construed most favorably to the party opposing the motion, would not enable a jury to find for that party.” Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915, 920, 436 A.2d 1140, 1143 (1981) (quotation omitted).

Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915, 921-22, 436 A.2d 1140, 1143-44 (1981).

Under the rule evolved from Monge v. Beebe Rubber Co., 114 N.H. 130, 316 A.2d 549 (1974) through Howard v. Dorr Woolen Company, 120 N.H. 295, 414 A.2d 1273 (1980), and Cloutier v. A.& P. Tea Co., Inc., 121 N.H. 915, 436 A.2d 1140 (1981), an employer violates an implied term of a contract for employment at-will by firing an employee out of malice or bad faith in retaliation for action taken or refused by the employee in consonance with public policy, Cloutier, supra at 921-22, 436 A.2d at 114

In the memorandum accompanying his own motion for partial summary judgment, the plaintiff argued that he had a protected property interest in his job because even an employee at will has a right to expect he will not be fired for reasons “against public policy,” citing Cloutier v. A & P Tea Co., Inc., 121 N.H. 915, 436 A.2d 1140 (1981) and Monge v. Beebe Rubber Co., 114 N.H. 130, 316 A.2d 549 (1974).

Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915, 919, 436 A.2d 1140, 1142 (1981).

Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915, 922, 436 A.2d 1140, 1144 (1981).

Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915, 923, 436 A.2d 1140, 1144-45 (1981).

Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915, 921, 436 A.2d 1140, 1143 (1981).