Jay v. International Salt Co.

• Decision Date: 06 September 1988
• Docket Number: Civ. A. No. 87-1621 "L".
• Citation: 694 F. Supp. 207
• Parties: Lester L. JAY v. INTERNATIONAL SALT CO., et al.
• Court: U.S. District Court — Western District of Louisiana

694 F. Supp. 207

Lester L. JAY v. INTERNATIONAL SALT CO., et al.

Civ. A. No. 87-1621 "L".

United States District Court, W.D. Louisiana, Lafayette-Opelousas Division.

September 6, 1988.

Christopher L. Zaunbrecher, Lafayette, La., for plaintiff.

Martha C. Perrin, Atlanta, Ga., Steven R. Blackburn, Nashville, Tenn., and George Arceneaux, Lafayette, La., for defendants.

MEMORANDUM RULING

DUHE, District Judge.

This ruling concerns a motion for summary judgment filed by defendants International Salt Company ("ISC") and AKZO America, Inc., ISC's parent company. For the reasons outlined below, the motion is granted.

FACTS

Sixty-year-old plaintiff Lester L. Jay was serving as mine manager of ISC's Avery Island Salt Mine in May 1985, when company officials told him they had decided to replace him. Plaintiff testified that after this meeting, he was aware that he had no future with the company and that he was to be terminated after he got his severance pay. In August 1985, plaintiff was removed from his position as mine manager and given the position of "general manager — mining and planning". The record indicates that plaintiff performed very few job activities in his new position and plaintiff testified that he presumed he was given the position so that he could "save face". He continued to receive payroll checks until December 31, 1986 when he elected to collect the remainder of his severance benefits in a lump sum and to begin receiving pension benefits.

Plaintiff filed suit against defendants on July 31, 1987 alleging violations of the Federal Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., and the Louisiana Age Discrimination in Employment Act, La.R.S. 23:971, et seq. Defendants moved for summary judgment on both causes of action.

The Federal ADEA Claim

In their motion for summary judgment, defendants point out that 29 U.S.C. § 626(d) requires that a charge alleging unlawful discrimination be filed with the Equal Employment Opportunity Commission ("EEOC") before a civil action is commenced. Defendants aver that plaintiff never filed such a charge and move this Court for summary judgment on that basis.

Plaintiff's opposition offers no information that the plaintiff filed a charge with the EEOC. Furthermore, plaintiff testified in his deposition that he never went to the EEOC to complain about being a victim of age discrimination. Thus, the record unequivocally establishes that plaintiff did not follow the requirements of § 626(d). Accordingly, defendants are entitled to summary judgment in their favor on plaintiff's Federal ADEA claim.

The Louisiana ADEA Claim

Defendants contend that plaintiff's cause of action accrued in May 1985 when he was told that he was going to be replaced as mine manager and that his employment was going to be terminated. They further contend that the one year prescriptive period for torts found in La.Civ.C. art. 3492 applies and, therefore, plaintiff's suit was untimely when filed in July 1987.

Plaintiff argues: (1) that his cause of action accrued on the date that he ceased to be employed by defendants i.e. December 31, 1986; (2) that it would have been unreasonable to expect him to file suit before his employment terminated and that the reasonableness of this decision creates an issue of fact that precludes summary judgment; (3) that a fact issue exists as to whether sufficient notice was given of defendants' intent to dismiss him and if it was given, when; and (4) that the applicable prescriptive period is either that, for the recovery of compensation for services rendered, La.Civ.C. art. 3494, or that found in federal ADEA.

In a diversity case, prescription of a state law claim is governed by state law. Abdul-Alim Amin v. Universal Life Ins. Co. of Memphis, 706 F.2d 638 (5th Cir.1983). The state act does not specify when a claim accrues or what limitations period applies to civil actions brought to enforce the act and there are no reported Louisiana cases touching on either issue. There are, however, Louisiana cases addressing the general issue of prescription of a Louisiana cause of action. In Jordan v. Employee Transfer Corp., 509 So.2d 420 (La.1987), the court explained that a plaintiff has the kind of notice that will start the running of prescription when he has a reasonable basis to pursue a claim against a specific defendant.

It is undisputed that in May 1985, ISC officials clearly and unequivocally communicated to plaintiff their decision to replace him as mine manager and to terminate him. Plaintiff admitted in his deposition that (1) he was told that he was going to be replaced as mine manager by a person younger than himself; (2) that he immediately believed that he was being discriminated against because of his age; (3) that he was aware that there were state and federal laws governing age discrimination and (4) that he thought about bringing legal action against his employer when he was told that he was to be replaced. The Court notes that according to plaintiff's deposition testimony, he first learned that he was going to be replaced as mine manager around March 1, 1985. In any event, this Court finds that plaintiff had a reasonable basis to pursue a claim against his employer in May 1985 and that prescription began to run at that time.

The Court is not persuaded by plaintiff's assertions that summary judgment is not an appropriate vehicle by which to judge the reasonableness of his actions, the sufficiency of notice given by defendants or the date on which it was given. Plaintiff's deposition contains a clear statement of his thought processes during the period at issue. There is no...