Wisehart v. Meganck
Colorado Court of Appeals
66 P.3d 124 (2002)
- Written by Jenny Perry, JD
Facts
Larry Wisehart (plaintiff) was a loan officer for Vectra Bank Colorado, NA (Vectra) (defendant) and an at-will employee. Wisehart had previously been employed by another bank that Vectra acquired in 1998. In 1999, Vectra discharged Wisehart, ostensibly for failing to follow company policy, which required certain internal approvals before closing a loan. Wisehart alleged that although technically required in advance of closing, the approvals were often secured after closing. Wisehart also contended that Vectra and Michael Meganck (defendant), the supervisor who notified Wisehart of his discharge, fraudulently set Wisehart up to be dismissed in furtherance of a plan to replace long-term employees like Wisehart who had been employed by the acquired bank. Wisehart sued Vectra and Meganck for fraudulent misrepresentation and concealment. The trial court entered summary judgment in favor of Vectra and Meganck, holding that Wisehart’s cause of action amounted to a claim for wrongful discharge on which Wisehart could not prevail because he was an at-will employee. Wisehart appealed.
Rule of Law
Issue
Holding and Reasoning (Casebolt, J.)
Dissent (Webb, J.)
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