A North Carolina appeals court has affirmed a trial court’s ruling dismissing the claim of a former girls’ varsity basketball coach at Carolina Day School, Inc. (CDS), who had alleged that his employer’s decision not to renew an employee’s employment contract was breach of contract and wrongful termination.
The court also affirmed the dismissal of plaintiff Joseph Carrington, Jr.’s defamation claim.
In both cases, the appeals court found that the lower court did not err in finding that the former employee failed to state a claim upon which relief can be granted.
The plaintiff in the case, Joseph Carrington, Jr., was hired as head coach of the girls’ varsity basketball team in 2009. CDS issued Carrington a renewable, one-season contract, which, prior to the 2017-2018 season, had been renewed at the start of every season. Carrington’s final contract, for the 2017-2018 season, expired on June 30, 2018. Carrington alleges that he continued to perform certain off-season tasks after the expiration of his contract in 2018. Thus, according to Carrington, his 2017-2018 contract was automatically renewed through an implied contract that would be reduced to writing later that year. However, on or about October 19, 2018, CDS advised Carrington that his contract would not be renewed for the 2018-2019 season because “his coaching style did not match the school’s philosophy.”
CDS informed the basketball players and their families that “their long-time coach would no longer be serving in that role stating:
“It has become clear that a coaching change is necessary to more closely align the girls’ basketball program with our school’s core beliefs. As with any personnel matter, the details of this change are confidential. . . . We thank coaches Carrington and West for their years of coaching Wildcats basketball and for the eight consecutive state championships earned for the school.”
Carrington sued on November 20, 2018, contesting the non-renewal and alleging breach of contract, wrongful discharge, defamation, intentional infliction of emotional distress, and unfair and deceptive trade practices. The trial court concluded that Carrington’s complaint failed to state a claim upon which relief can be granted. Carrington appealed.
He argued on appeal that CDS continued to be bound under an implied contract to retain him for the subsequent season because he continued to perform off-season tasks.
The appeals court disagreed.
“Every year prior to the 2018-2019 season, CDS entered into a new contract prior to the start of the basketball season,” it wrote. “Based on this annual process, Carrington knew in the summer of 2018 that he had not secured a contract for the upcoming season and that he would have to do so. Furthermore, even if he was under an implied contract pursuant to the terms of the prior 2017 Employment Agreement, it was an at-will agreement. The express written contract provided that CDS had the right to terminate at any time for any reason. The 2017 Employment Agreement provided: ‘This Agreement may be terminated: a) By the School at any time for any reason in the School’s sole and absolute discretion.’
“Carrington’s wrongful discharge claim is based on the same allegations as his breach of contract claim, and for the same reasons above, was appropriately dismissed.”
Carrington also claimed CDS defamed him.
He took issue with the following statements he attributed to CDS:
That CDS has an “educationally-based athletics program” with “students [being] our top priority.”
That Carrington did not meet the CDS “core beliefs and mission.”
That “[i]t has become clear that a coaching change is necessary to more closely align the girl’s [sic] basketball program with our school’s core beliefs.”
That as with any personnel matter, the details of the change are confidential.
That upon information and belief, the Head of School and one or more members of the CDS Board of Trustees told CDS parents that there was more than meets the eye to its decision to end Carrington’s tenure, and that the CDS community would just have to trust the administration and the Board of Trustees about the decision.
That an unidentified Physical Education (P.E.) teacher referred to Carrington as a “scumbag.”
That in an email to CDS families and faculty, and supposedly friends of CDS and the media, that the Head of School and the Athletic Director informed Plaintiff that “due to clearly stated recent and ongoing issues, the School would not renew his coaching agreement.”
The appeals court wrote that “all but one of these statements (i.e., the P.E. teacher’s statement), reflect CDS’ judgment that Carrington’s retention as a coach was no longer in line with the school’s goals. These statements say nothing about Carrington’s credentials or other qualifications as a coach. CDS simply stated that a change was needed to better align with their school values. Therefore, the trial court did not err in dismissing this claim.”
Joseph L. Carrington, Jr. v. Carolina Day School, Inc.; Ct. App. N.C.; No. COA 19-666; 2/4/20
Counsel: Ferikes & Bleynat, PLLC, by Edward L. Bleynat, Jr., for plaintiff-appellant. Constangy, Brooks, Smith & Prophete, LLP, by Jonathan W. Yarbrough, for defendant-appellee.
