(DOWNLOAD) "Claus v. Gyorkey" by Fifth Circuit United States Court Of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Claus v. Gyorkey
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 29, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This appeal arises out of a civil suit for damages brought by Claus, a full-time research assistant in a United States Veterans Administration hospital in Houston, Texas (""VA""), and an associate professor at Baylor College of Medicine (""Baylor"") from March through June 1975. Claus initially filed suit in Texas state court. Defendant Gyorkey, Chief of Laboratory Services at the VA, professor at Baylor, and Claus' direct supervisor during his employ, removed the case on December 30, 1976, pursuant to 28 U.S.C. § 1442(a)(1) and § 1446. Gyorkey alleged in his removal petition that the complaint was directed at acts done in his capacity as a federal employee as chief of laboratory services at the VA. Claus never filed any opposition to removal. Claus' complaint alleged that defendants Gyorkey and Baylor induced him to come from Vienna, Austria, to accept a permanent joint appointment at the VA and on the academic staff of Baylor, that upon his arrival he was given only a temporary appointment at less pay, and that he was inappropriately discharged from his joint position within a few months. Claus alleged that he sustained damages as a result of Gyorkey's and Baylor's alleged misrepresentations regarding employment terms and complicity in ""wrongful termination"" of his employ. Many of the facts surrounding Claus' recruitment, employment, and eventual discharge remain undisputed. According to Claus' deposition, he applied for an employment at the VA because his long-time friend, Dr. Krisko, was employed as a physician in the pathology service of which Gyorkey was chief. Claus stated that he had discussed the possibility of employment with Krisko and Busch, Chairman of the Department of Pharmacology at Baylor, as early as 1972 while on a visit to the United States as a student in the University of Vienna Medical School. Through a series of written communications, meetings, and long-distance phone calls between Houston and Vienna, Gyorkey invited Claus to apply for employment as a physician-scientist (or ""research associate"") with the VA. Several Gyorkey letters in 1974 led Claus to assume that he could expect both a research associate position and an academic appointment at Baylor as an associate professor. Nonetheless, Claus never signed any contract of employment with either Baylor or the VA to this effect. His written employment ""contract,"" such as it was, was limited to his application form for federal employment, which included a statement that he would accept temporary employment, and a VA memorandum, dated August 14, 1974, which was hand-delivered to Claus prior to his departure to the United States. In this memorandum, addressed to the ""Administrative Officer,"" Gyorkey and Krisko recommended Claus for a ""temporary appointment"" in pathology research. The memorandum specifically stated:
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