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SANDRA MCCARTNEY v. MEADOWVIEW MANOR (05/08/86)

filed: May 8, 1986.

SANDRA MCCARTNEY, APPELLANT
v.
MEADOWVIEW MANOR, INC.



Appeal from the Judgment Entered January 11, 1985, in the Court of Common Pleas of Huntingdon County, Civil Division, at No. 84-1159

COUNSEL

Michelle DeBord, Huntingdon, for appellant.

Harvey B. Reeder, Huntingdon, for appellee.

Wieand, Olszewski and Watkins, JJ.

Author: Watkins

[ 353 Pa. Super. Page 35]

This is an appeal from an Order entered by the Court of Common Pleas of Huntingdon County sustaining the demurrer of the appellee-employer, Meadowview Manor resulting in the dismissal of appellant-employee's complaint.

Appellant was hired by appellee to perform certain duties at appellee's nursing home, including cooking, cleaning and caring for residents, commencing on October 2, 1983. On November 16, 1983, appellee told appellant that her continued employment constituted a "business conflict" and she was, therefore, fired.

The "business conflict" referred to was the result of the fact that during the course of her employment, the appellee learned that the appellant's name had appeared on an application for a license to operate a personal care home for adults, and that the appellant was listed as the proposed manager. This information was obtained by the appellee from an employee of the Department of Public Welfare.

On appeal, the appellant presents the following questions for our consideration:

Whether it was error to grant a demurrer where the court considered factual matters not averred in the complaint, where a specific intent to harm appellant had been alleged and where it was alleged that appellant's dismissal was against public policy considerations.

Appellant argues that the court below erred in finding a business conflict as the justification for the dismissal. Since her complaint did not allege a business conflict, the

[ 353 Pa. Super. Page 36]

    court was precluded from using that reason as a basis for granting the demurrer. Appellant relies on Hunter v. Port Authority of Allegheny County, ...


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