Williams v. Action for Better Community, Inc.
| Decision Date | 20 February 1976 |
| Citation | 380 N.Y.S.2d 138,51 A.D.2d 876 |
| Parties | Andrew J. WILLIAMS, Sr., Respondent, v. ACTION FOR a BETTER COMMUNITY, INC., Appellant. |
| Court | New York Supreme Court — Appellate Division |
Falk, Schoenwald, Klafter & Ange, Sidney K. Schoenwald, Rochester, for appellant.
Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer, Louis D'Amanda, Rochester, for respondent.
Before CARDAMONE, J.P., and MAHONEY, DILLON, GOLDMAN and WITMER, JJ.
The action was brought to recover damages for defendant's wrongful discharge of plaintiff from his position as work foreman in charge of defendant's fix-up team. Under defendant's Personnel Practices Code plaintiff was a permanent employee and could only be discharged for justifiable cause (see Parker v. Borock, 5 N.Y.2d 156, 159, 182 N.Y.S.2d 577, 578, 156 N.E.2d 297, 298; Williams v. Byron, 78 Misc.2d 873, 874, 359 N.Y.S.2d 140, 141). The issues before the jury were (1) whether plaintiff violated defendant agency's procedures, justifying his discharge and (2) whether plaintiff's dismissal was motivated by reasons unrelated to his work performance.
Defendant urges that the court committed reversible error in admitting into evidence facts relating to multiple violations of its policies by its Executive Director, Mr. McCuller, who was plaintiff's immediate supervisor. We think that this was not error, for the evidence tends to show that the actual policies of the agency were different from those contained in the formal code procedures. Moreover, since the Executive Director had the primary responsibility to hire and fire, and defendant's Board of Directors adopted his recommendation to discharge plaintiff, the evidence relating to violations of the procedures by the Executive Director were properly received with respect to possible ulterior motives, in light of the fact that the FBI was investigating irregularities which might well have reflected upon the Executive Director as well as the plaintiff.
Defendant also complains about the court's charge. We find no error in the respects urged. We are constrained to note, however, that the court erred in defendant's favor (1) in charging that plaintiff had the burden to prove that his discharge was without justification (Felsen v. Sol Cafe Mfg. Corp., 24 N.Y.2d 682, 685--686, 301 N.Y.S.2d 610, 611--613, 249 N.E.2d 459, 460--461; Richardson on Evidence, 10th ed., § 110), whereas in fact defendant had the duty to plead and prove it as a defense, which...
To continue reading
Request your trial
-
Edwards v. Citibank, N.A.
...reliance upon Brown v. American Council of Life Insurance (App.Div., Appeal # 6912, 11/28/79) and Williams v. Action for a Better Community, Inc., 51 A.D.2d 876, 380 N.Y.S.2d 138 (4th Dept.)) is misplaced. Brown involved the issue of whether the employee, a vice-president of defendant, had ......
-
Rosecrans v. Intermountain Soap & Chemical Co., Inc.
...of good cause for the termination. Lucas v. Whittaker Corp., 470 F.2d 326 (10th Cir. 1972); Williams v. Action for a Better Community, Inc., 51 A.D.2d 876, 380 N.Y.S.2d 138 (1976); Chiodo v. General Water Works Corp., 17 Utah 2d 425, 413 P.2d 891 (1966); Morris v. Rosenberg, 64 Wash.2d 404,......
-
Murtha v. Yonkers Child Care Ass'n
...termination of the contract (Linton v. Unexcelled Fireworks Co., 124 N.Y. 533, 537-538, 27 N.E. 406, 407; Williams v. Action for a Better Community, 51 A.D.2d 876, 380 N.Y.S.2d 138, mot. for lv. to app. den. 39 N.Y.2d 708, 385 N.Y.S.2d 1027, 351 N.E.2d The only ground pleaded by the associa......
-
Grozek v. Ragu Foods, Inc.
...may be limited by an agreement that the employee be dismissed only under certain circumstances (Williams v. Action For a Better Community, 51 A.D.2d 876, 380 N.Y.S.2d 138; Crotty v. Erie R. R. Co., 149 App.Div. 262, 133 N.Y.S. 696, see Annotation, 62 A.L.R.3d 271) he totally fails to raise ......