Benningfield v. Pettit Environmental, Inc.

I concur with the Majority Opinion’s affirming of the trial court’s summary judgment on Benningfield’s claim for intentional infliction of emotional distress. However, I respectfully dissent as to the dismissal of his claim for wrongful discharge.

The result of the Majority Opinion turns on its conclusion that Grzyb, supra, “does not require the statute to specify that the remedy provided is exclusive.”2 This reading of Grzyb totally ignores the following critical language:

KRS 344.040 provides that it is “unlawful practice for an employer ... to discharge any individual ... because of such…