Louis v. Mobil Chemical Co.

After his employment with Mobil Chemical Company ceased, Thomas Louis sued his former employer and two supervisors, James Bowser and Randall Roy, for intentional infliction of emotional distress, defamation, and retaliation. The trial court granted summary judgment for all defendants. The four issues raised by Thomas on appeal contend material fact issues exist as to each of the claims and that the trial court erred in granting summary judgment. We find no error and affirm the judgment.

Louis alleged that he falsified equipment safety reports at the direction of supervisors Bowser and Roy. Louis’s petition alleged that in May 2004 Louis was accused of intentionally falsifying documents and was verbally abused, and that as a result he suffered a mental collapse. Louis alleged he was terminated on July 29, 2004, for violating the company’s ethics policy. Louis also alleged that Bowser and Roy frequently used obscene and profane language when speaking to him. Louis alleged that Bowser, Roy, and Mobil (through Bowser and Roy as “vice-principals”) acted intentionally and recklessly, that their conduct was extreme and outrageous, and that the conduct proximately caused Louis severe emotional distress. Louis alleged that defamatory and false statements of fact were published by the appellees “both verbally through its vice-principals and in writing” and that the statements were made with actual malice and/or with negligence. In the alternative, Louis “claim[ed] the protection of Texas Labor Code, Art. 451.001.”*fn1