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MACKENZIE v. MILLER BREWING CO.

No. 97-3542.

241 Wis.2d 700 (2001)

2001 WI 23

623 N.W.2d 739

Jerold J. MACKENZIE, Plaintiff-Respondent-Cross-Appellant-Petitioner, v. MILLER BREWING COMPANY and Robert L. Smith, Defendants-Appellants-Cross-Respondents, Patricia G. BEST, Defendant-Cross-Respondent.

Supreme Court of Wisconsin.

Decided March 20, 2001.

Attorney(s) appearing for the Case

For the plaintiff-respondent-cross appellant-petitioner there were briefs by Michael A. Whitcomb and Michael A.I. Whitcomb, S.C., Milwaukee, and Gerald P. Boyle and Boyle, Boyle & Smith, S.C., Milwaukee, and oral argument by Michael A. Whitcomb and Gerald P. Boyle.

For the defendants-appellants-cross respondents and for the defendant-cross respondent there was a brief by Mary Pat Ninneman, John A. Casey, Frank J. Daily and Quarles & Brady LLP, Milwaukee, and oral argument by John A. Casey and Frank J. Daily.

An amicus curiae brief was filed by C. Gregory Stewart, Philip B. Sklover, Lorraine C. Davis and Robert J. Gregory, Washington, D.C., and Dennis R. McBride, Milwaukee, on behalf of the Equal Employment Opportunity Commission.

An amicus curiae brief was filed by Patrick O. Dunphy, Mark L. Thomsen and Cannon & Dunphy, S. C., Brookfield, on behalf of the Wisconsin Academy of Trial Lawyers.

An amicus curiae brief was filed by Lisa M. Bergersen, Bethany C. McCurdy and Lindner & Marsack, S. C., Milwaukee, on behalf of the Human Resources Management Association (HRMA).

An amicus curiae brief was filed by Donald L. Heaney, Kenneth B. Axe and Lathrop & Clark, Madison, on behalf of Wisconsin Manufacturers and Commerce.

¶ 1. JON P. WILCOX, J.

The question in this case is whether an at-will contract employee can maintain an action against his or her employer in tort for intentional misrepresentation to induce continued employment. Because we believe that it would be imprudent for this court to recognize such a cause of action at this time, we conclude that those who are party to an at-will contract must seek recourse in contract rather than tort law.

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