Richards v. Union High School Dist. No. 32
| Decision Date | 03 April 1979 |
| Docket Number | No. 85-78,85-78 |
| Citation | 137 Vt. 132,400 A.2d 987 |
| Court | Vermont Supreme Court |
| Parties | Peter RICHARDS v. UNION HIGH SCHOOL DISTRICT NO. 32. |
McKee, Giuliani & Cleveland, Montpelier (David F. Kelley, Montpelier, on Brief), for plaintiff.
Leslie C. Pratt and Philip H. Zalinger, Jr., of Paterson, Gibson & Noble, Montpelier, for defendant.
Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.
The plaintiff worked for two related but legally distinct entities, Union High School District No. 32 and the Washington Central and Northeast Supervisory Unions (Supervisory Unions), under two contracts. U-32 engaged him as a "media production specialist" from August 1, 1973, to July 31, 1974, at a salary of $3,307. The Supervisory Unions hired him as a "career education project director" from July, 1973, through June, 1974. Neither contract was renewed, but this action concerns only the agreement with U-32.
The plaintiff's contract was subject to a negotiation agreement between the teachers' association and the U-32 board of directors. It required that a teacher be notified by February 15 whether he would be rehired for the following year. The plaintiff was not formally apprised that he would not be rehired until July. And the parties agree that, in this regard, the Board breached its contract.
The plaintiff instituted a civil action in the superior court, based on this breach of contract and the allegation that he had been offered, and had accepted, another position at a salary of $10,800, but which had been eliminated for budgetary reasons. He sought to recover the sum of $10,800 and sum equivalent for loss of fringe benefits. The cause was heard by the court, jury waived.
The trial court found that the terms of the negotiation agreement were not followed. It also found, however, that the plaintiff was offered a job as a "senior audio visual aide technician" on June 12, 1974, but that he sought other employment in his specialty, finding a position at a salary of $4,000. It concluded that the plaintiff refused the alternate slot and for that reason was not entitled to a recovery for breach of contract. Judgment was entered for the defendant.
In his appeal, the plaintiff seeks to have us reverse the trial court, claiming that its conclusions of law are not supported by the evidence and the findings of fact. In particular, he attacks its conclusion that he rejected an alternate offer of employment. He argues, in his brief, that a bona fide offer was never actually made and that because the Board did not resolve the matter in due time, it breached the notice of nonrenewal provision of the negotiation agreement. The defendant agrees that the lower court's conclusion is erroneous but argues that such error does not require reversal because its determination can be supported on other grounds. We agree.
On June 12, 1974, the...
To continue reading
Request your trial
-
Mellin v. Flood Brook Union School Dist.
...justifying result, even if ground was not raised below or was not briefed by parties on appeal); Richards v. Union High Sch. Dist. No. 32, 137 Vt. 132, 134, 400 A.2d 987, 989 (1979) The facts giving rise to plaintiff's discrimination claim as found by the arbitrator are the following. The F......
-
Larkin v. City of Burlington
...affirm the action of the trial court on any basis available and appropriate under our law"); see also Richards v. Union High Sch. Dist. No. 32, 137 Vt. 132, 134, 400 A.2d 987, 989 (1979) ("Error will not result in reversal if the record before us discloses any legal ground which would justi......
-
State v. Marcy
...we can affirm its admissibility determination on any legal ground which would justify the result. Richards v. Union High Sch. Dist. No. 32, 137 Vt. 132, 134, 400 A.2d 987, 989 (1979) ("Error will not result in reversal if the record before us discloses any legal ground which would justify t......
-
Merrilees v. Treasurer, State of Vt.
...F.2d 784, 787 n. 4 (8th Cir.1971), a rule long followed by this Court in other contexts. See, e.g., Richards v. Union High School District No. 32, 137 Vt. 132, 134, 400 A.2d 987, 989 (1979). Res judicata bars parties from relitigating, not only those claims and issues that were previously l......