Becker v. Rosebud Operating Services, Inc.

Summary

The Supreme Court of Montana affirmed summary judgment for Rosebud Operating Services, Inc. in Thomas Becker's wrongful-discharge action. The court held that Becker's appellate arguments did not constitute an impermissible change in legal theory, but concluded that his profanity and disruptive conduct toward supervisors provided good cause for termination under Montana's Wrongful Discharge from Employment Act. The court also held that Becker could not create a genuine issue of material fact through inconsistent deposition testimony and unsupported speculation that his discharge was pretextual.

Holdings

1. The Court would consider Becker's appellate arguments because his overall theory—that ROSI lacked good cause to terminate him under the Wrongful Discharge from Employment Act—had not significantly changed, even though some specific arguments were not presented below.
2. The District Court properly granted summary judgment because Becker's undisputed conduct—directing profanity and abusive language at his supervisors after being placed on paid administrative leave and instructed to calm down—constituted good cause for termination, and Becker presented no evidence that ROSI's stated reason was pretextual, arbitrary, or capricious.

Questions Presented

1. Whether the Supreme Court should decline to consider Becker's appellate argument because his legal theory changed from the theory presented to and relied upon by the District Court.
2. Whether summary judgment was proper on Becker's wrongful discharge claim because the undisputed facts established good cause for his termination under Montana's Wrongful Discharge from Employment Act.

Disposition

affirmed