Coelho v. Posi-Seal Intern., Inc.
Citation | 544 A.2d 170,208 Conn. 106 |
Decision Date | 28 June 1988 |
Docket Number | POSI-SEAL,No. 13267,13267 |
Court | Supreme Court of Connecticut |
Parties | , 3 IER Cases 821 Robert COELHO v.INTERNATIONAL, INC. |
Gilbert Shasha, New London, for appellee (plaintiff).
Before PETERS, C.J., and SHEA, CALLAHAN, COVELLO and HULL, JJ.
The plaintiff, Robert Coelho, alleged in his amended complaint that he had been discharged without just cause by the defendant, Posi-Seal International, Inc. (Posi-Seal), in breach of implied and express employment contracts between them. 1 At the close of its instructions, the trial court provided the jury with a special verdict form on which to answer special interrogatories relating to the allegations of the complaint. The jury returned its verdict on the special verdict form. The jury found the issues for the plaintiff on his implied contract count but found for Posi-Seal on his express contract claim. 2 Posi-Seal claims that the trial court erred in refusing to set aside the verdict: (1) when there was insufficient evidence to permit the jury to find (a) that the parties had made an implied agreement that the plaintiff could not be terminated without just cause, (b) that the plaintiff had relied on the implied agreement to his detriment, and (c) that the plaintiff had been terminated without just cause; and (2) when the court had failed to instruct the jury that a termination because of a reduction in force is, as a matter of law, just cause.
After denying motions of both [208 Conn. 108] parties to set aside the verdict, the court rendered judgment in accordance with the verdict. 3 Posi-Seal has appealed from the judgment. 4 We find no error.
From the evidence at trial the jury could reasonably have found the following facts: Posi-Seal is a corporation with its principal office in the town of North Stonington. It manufactures high performance valves for the chemical, petroleum and nuclear industries. In January, 1981, the plaintiff, who was then unemployed, had a job interview with the president of Posi-Seal, Donald Miller. On February 9, 1981, the plaintiff commenced employment with Posi-Seal as quality control manager. On January 6, 1984, Posi-Seal terminated his employment.
Posi-Seal first claims that there was insufficient evidence to permit the jury to find that the parties had made an implied-in-fact agreement that the plaintiff could not be terminated without just cause.
The plaintiff's evidence of an implied-in-fact agreement consisted of his own testimony concerning statements made by Miller, president of Posi-Seal, both prior to and after his employment commenced on February 9, 1981. The plaintiff testified that he had raised his concerns about job security when Miller interviewed him in January, 1981. The plaintiff testified that Miller had made the following statement about job security. The plaintiff further testified that, before he was hired by Posi-Seal, Miller had told him: "Those people that join us now are going to grow with us into the future."
The plaintiff testified that he had, during this interview with Miller, expressed serious reservations about becoming manager of quality control at Posi-Seal because he believed that there was an inherent conflict between the managers of quality control and of manufacturing about whether to emphasize meeting quality standards or reducing costs. The plaintiff was aware that the previous manager of quality control had recently left Posi-Seal. The plaintiff testified that he had told Miller: The plaintiff testified that, in response to his concern that a quality department must have assurances from management in order to function properly, Miller had said: "You'll get it here." During the trial, Posi-Seal's counsel asked the plaintiff: "And you also told him that you wanted to be in a situation where the quality would be backed up with regard to disputes with manufacturing; is that right?" He responded: "I wanted to know that I could properly perform my job." The next question was: "And he told you that he'd see that the quality was backed up?" The plaintiff answered: "He had no problem in backing me to the hilt." The next question was: "Is it fair to say that what he responded to your statement of your expectations was, 'We'll back up quality, and we believe we've got a great future here, and we're going to go far?' " The plaintiff then replied:
The plaintiff also testified that, after he had commenced employment with Posi-Seal, Miller further guaranteed him support and job security when the plaintiff had become involved in a dispute with the manager of manufacturing at Posi-Seal. The plaintiff testified: " In addition, the plaintiff testified that at management meetings Miller would frequently make statements concerning the job security of his management "team," with the clear implication that the plaintiff was a member of this team. In this regard, the plaintiff testified: "
" 'A contract implied in fact, like an express contract, depends on actual agreement.' " D'Ulisse-Cupo v. Board of Directors of Notre Dame High School, 202 Conn. 206, 211 n. 2, 520 A.2d 217 (1987); Therrien v. Safeguard Mfg. Co., 180 Conn. 91, 94, 429 A.2d 808 (1980); Brighenti v. New Britain Shirt Corporation, 167 Conn. 403, 406, 356 A.2d 181 (1974); Corriveau v. Jenkins Bros., 144 Conn. 383, 387, 132 A.2d 67 (1957). Accordingly, to prevail on the first count of his complaint, which alleged the existence of an implied agreement between the parties, the plaintiff had the burden of proving by a fair preponderance of the evidence that Posi-Seal had " 'agreed, either by words or action or conduct, to undertake [some] form of actual contract commitment' " to him under which he could not be terminated without just cause. D'Ulisse-Cupo v. Board of Directors of Notre Dame High School, supra, 202 Conn. at 212 n. 2, 520 A.2d 217; Therrien v. Safeguard Mfg. Co., supra, 180 Conn. at 94-95, 429 A.2d 808.
Posi-Seal contends that all of the statements that the plaintiff testified had been made to him were, at most, merely expressions of Miller's expectations about the future, and were not manifestations of a Mather v. Griffin Hospital, 207 Conn. 125, 139, 540 A.2d 666 (1988).
present intention on the part of the company to undertake contractual obligations to the plaintiff under which he could not be terminated without just cause.
Bead Chain Mfg. Co. v. Saxton Products, Inc., 183 Conn. 266, 274-75, 439 A.2d 314 (1981). "This process of inference is peculiarly a jury function, the raison d'etre of the jury system." Pierce v. Albanese, 144 Conn. 241, 256, 129 A.2d 606, appeal dismissed, 355 U.S. 15, 78 S.Ct. 36, 2 L.Ed.2d 21 (1957).
We need not decide whether there was sufficient evidence to permit the jury to find that the parties had an implied agreement that the plaintiff could not be terminated without just cause under all circumstances. We conclude, however, that sufficient evidence was adduced to allow the jury to find that the parties had an implied agreement that the plaintiff would not be terminated as a result of conflicts between the quality...
To continue reading
Request your trial-
Gaudio v. Griffin Health Services Corp.
...of the parties is within the province of the jury: it is "`the raison d'etre of the jury system.'" Coelho v. Posi-Seal International, Inc., 208 Conn. 106, 113, 544 A.2d 170 (1988); accord Torosyan v. Boehringer Ingelheim Pharmaceuticals, Inc., supra, 234 Conn. 15; Finley v. Aetna. Life & Ca......
-
Lytle v. Malady
...summary disposition should be precluded. My position has been supported by two state Supreme Courts. In Coelho v. Posi-Seal Int'l, Inc., 208 Conn. 106, 122, 544 A.2d 170 (1988), the Connecticut Supreme Court We conclude that the question of whether an employer has terminated an employee bec......
-
Adkins v. Inco Alloys Intern., Inc.
...Inc., 663 P.2d 958 (Alaska 1983); Pugh v. See's Candies, Inc., 116 Cal.App.3d 311, 171 Cal.Rptr. 917 (1981); Coelho v. Posi-Seal Int'l, Inc., 208 Conn. 106, 544 A.2d 170 (1988); Terrio v. Millinocket Community Hosp., 379 A.2d 135 (Me.1977); Toussaint v. Blue Cross & Blue Shield, supra; Kest......
-
Torosyan v. Boehringer Ingelheim Pharmaceuticals, Inc.
...183 Conn. 266, 274-75, 439 A.2d 314 (1981)." (Citations omitted; internal quotation marks omitted.) Coelho v. Posi-Seal International, Inc., 208 Conn. 106, 112-13, 544 A.2d 170 (1988); see also Finley v. Aetna Life & Casualty Co., 202 Conn. 190, 198, 520 A.2d 208 (1987) (whether employment ......
-
Unresolved Issues in the Development of Connecticut Employment Contract Law
...relationship woes, leaving little certainty or predictability to the law. ___________________ Footnotes *. Both of the Greenwich Bar. 1. 208 Conn. 106, 544 A.2d 170 (19M). 2. See, e.g. Ifinley v. Aetna Life & Casualty Co., 202 Conn. 190, 520 A.2d 217 (1987); Pearce v. Denny s. Inc., 2 C. S.......
-
Labor Relations and Employment Law: Developments in Connecticut in 1994
...the plaintiff "if you do your job, your work, you're going to have a job here ..." Id. at 4. 24. 24. Coelho v. Posi-Seal Intl., Inc., 208 Conn. 106, A.2d 170 (1988); Finley v. Aetna Life &Casualty Co., 202 Conn. 190, 520 A.2d 208 (1987), overruled on other grounds, Curry v. Burns,225 Conn. ......