Cunningham v. Anderson County

Summary

The South Carolina Supreme Court reversed the Court of Appeals' remand of Michael Cunningham's wrongful-discharge claim. The court held that Cunningham had not preserved an argument that he was an at-will employee, and it affirmed summary judgment for Anderson County on all claims.

Holdings

1. Cunningham did not preserve an argument that he was an at-will employee because his complaint and litigation strategy consistently characterized his employment as governed by a definite-term contract and he never pleaded an alternative at-will theory.
2. The Court of Appeals erred by remanding the wrongful-discharge claim to allow Cunningham to argue that he was an at-will employee.
3. The circuit court's grant of summary judgment to Anderson County on Cunningham's wrongful-discharge claim was affirmed.

Questions Presented

1. Whether the Court of Appeals erred by reversing and remanding summary judgment on Cunningham's wrongful-discharge claim when Cunningham had not pleaded or otherwise preserved an argument that he was an at-will employee.
2. Whether a reference to Stiles v. American General Life Insurance Co. in a supplemental filing was sufficient to preserve an at-will employment theory.

Disposition

reversed