Greissman v. Rawlings & Associates, PLLCAnnotate this Case
The Supreme Court affirmed the judgment of the circuit court that the agreement furnished to Carol Greissman for signature did not violate Kentucky Rules of the Supreme Court 3.130, Rule 5.6 as a matter of law, holding that an obligatory Rule of Professional Conduct for attorneys carries public policy weight and that the agreement did not violate Rule 5.6.
Greissman, an attorney, was terminated by Rawlings & Associates for refusing to sign an agreement providing for non-solicitation of Rawlings & Associates' customers or clients following the end of her employment. Greissman subsequently brought a wrongful termination claim. The circuit court granted summary judgment for Rawlings & Associates. The court of appeals upheld the circuit court's ultimate decision dismissing Greissman's complaint but concluded that Greissman's complaint should have been dismissed for failure to state a claim because the Rules of the Kentucky Supreme Court did not provide the public policy to support Greissman's wrongful termination claim. The Supreme Court affirmed on other grounds, holding (1) for purposes of wrongful termination actions, an obligatory Rule of Professional Conduct for attorneys carries equal public policy weight as any public policy set forth in statute or the Constitution; and (2) the agreement in this case did not violate Rule 5.6.