Full title: VENTURE EXPRESS, INC., Plaintiff/Appellee, v. Michael E. ZILLY, Ind.
Court: Court of Appeals of Tennessee. Western Section, at Nashville
Date published: Jul 27, 1998
Facts
Zilly began working as a driver for Venture Express in 1981. After a series of promotions, Zilly was named president of Venture Express in 1990. Sometime in 1995, however, Venture Express’s owner, Jimmy Allen, became dissatisfied with Zilly’s job performance. In July 1995, Allen met with Zilly to discuss improving his job performance. At the meeting’s conclusion, Allen informed Zilly that he would reevaluate Zilly’s performance within thirty days.
One Sunday in August 1995, Allen read in the newspaper that Zilly had formed a new corporation named Zilly Transportation Services, Inc. According to Allen, when confronted, Zilly admitted that he planned to go into business for himself in about six months. Zilly, on the other hand, maintained that he never intended to leave Venture Express and that he only filed the corporate charter for Zilly Transportation Services because he feared he would be terminated from Venture Express. In any event, Allen immediately terminated Zilly upon learning of the newly formed corporation.
Issue
Decision
The trial court’s judgment is hereby reversed, and this cause is dismissed. The costs of this appeal are taxed to Venture Express, for which execution may be issued if necessary.
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