ABC Office Equipment, Inc. v. Royal Consumer Business Products

721 F. Supp. 1557, 29 Wage & Hour Cas. (BNA) 895, 1989 U.S. Dist. LEXIS 11856, 1989 WL 119089
CourtDistrict Court, D. Connecticut
DecidedOctober 5, 1989
DocketCiv. No. H-87-613 (PCD)
StatusPublished
Cited by1 cases

This text of 721 F. Supp. 1557 (ABC Office Equipment, Inc. v. Royal Consumer Business Products) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ABC Office Equipment, Inc. v. Royal Consumer Business Products, 721 F. Supp. 1557, 29 Wage & Hour Cas. (BNA) 895, 1989 U.S. Dist. LEXIS 11856, 1989 WL 119089 (D. Conn. 1989).

Opinion

RULING ON MOTION FOR SUMMARY JUDGMENT

DORSEY, District Judge.

On October 6, 1987, John J. Crimmins filed a cross-complaint against Royal Consumer Business Products (“Royal”), a division of Triumph-Adler-Royal, Inc. (“TARI”) and Triumph-Adler North America, Inc. (“TANA”). Royal moves for permission to file a motion for summary judgment directed to Crimmin’s cross-complaint. The motion is granted.

Facts

Crimmins became President of Royal in 1984 pursuant to an employment contract with T/A Business Systems, Inc., then Royal’s corporate parent. In December 1986, Crimmins was asked by Giovanni Fei, President of TANA, to transfer to New Jersey, where Royal planned to relocate its corporate headquarters. Crimmins declined. By letter dated December 23, 1986, Fei indicated that failure to accept the transfer was considered a resignation and that his employment agreement was voided. The letter also proposed that “if [Crimmins] remained with the company until May 31, 1987 and assisted with the transition period of relocating the company ... [he] would be entitled to a severance allowance equal to the continuation of all company benefits and salary for a period of 6 months.” Crimmins agreed and accepted the terms of the letter by signing and returning it to Fei on December 31, 1986. Royal found a new president, Marion Baker, earlier than expected, who assumed her duties on March 1, 1987. Crimmins was released from active participation on that date, but remained available and was occasionally consulted through May 31, 1987. Affidavit of Crimmins, ¶ 8. Crimmins received his salary and benefits until May 31, 1987. By letter dated May 12, 1987, E.A. Vogus, Director of Human Resources, inquired as to Crimmins’ preference as to payment of the severance allowance, lump sum or salary continuation. Vogus also noted that the severance allowance was contingent on a covenant not to compete during the period covered by the severance allowance pursuant to his July 14, 1976 employment agreement.

Crimmins alleges in the first and third counts of his cross-complaint that Royal has wrongfully refused to pay him the “severance allowance” and accrued vacation pay, respectively. In addition, in his second and fourth counts, Crimmins brings a statutory wage claim under Conn.Gen. Stat. § 31-72 seeking double damages, costs and attorney fees for such non-payment.

Discussion

Royal asserts that it is entitled to summary judgment on the first and third counts on the grounds that it has paid Crimmins’ compensatory damage claim in full, including accrued interest at the statutory rate. Crimmins contends that the money tendered was merely an offer of settlement which has not been accepted and has no legal effect. Royal has proposed an accord and satisfaction which, if accepted, would warrant granting its motion. Absent acceptance, summary judgment is not warranted on Counts One and Three.

Double damages under § 31-72 is a punitive award requiring a finding of bad faith, arbitrariness, or unreasonableness. Kepchar v. Diehl Research Center, Civil No. B-84-428 (D.Conn. Aug. 31, 1988), Memorandum of Decision at 19, citing Crowther v. Gerber Garment Technology, Inc., 8 Conn.App. 254, 265-66, 513 A.2d 144 (1986). Thus, double damages will not be awarded for a mere breach of contract. Id. Such a determination presents an issue of fact properly resolved by the trier of fact.

However, whether Crimmins’ severance allowance and accrued vacation pay constitute “wages” under § 31-72 can be resolved. Wages are defined as “compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or [1559]*1559other basis of calculation.” Conn.Gen.Stat. § 31-71a(3).

Severance Allowance

Neither this court’s research nor the parties’ have revealed any Connecticut case law construing severance pay as “wages” under § 31-71a. The “severance allowance” offered to Crimmins was consideration for his agreement to remain with the company until May 31, 1987 and to assist the company’s relocation. Royal contends that severance pay is not “compensation for labor or services rendered by an employee,” Conn.Gen.Stat. § 31-71a(3), but rather is a benefit conferred upon an employee after the termination of employment in recognition of past services and to ease any economic readjustment attributable to dismissal. See Mace v. Conde Nast Publications, Inc., 155 Conn. 680, 685, 237 A.2d 360 (1967). Plaintiff does not present a classic example of severance pay in that the agreement which provided it was entered into after Royal had stated that it considered Crimmins’ employment contract terminated. If Crimmins had not agreed to the terms of the December 23 letter, Royal’s stated position was that his employment was terminated and no severance pay would have been agreed upon. It is neither necessary nor appropriate to speculate what other course the parties might have followed had the December 23 letter not been agreed to. The six month “severance allowance” was offered in the face of Royal’s stated position that Crimmins’ employment was at an end. The offer thus had the purpose of inducing Crimmins to remain with Royal, while his replacement was sought and to aid in relocation. It was in essence a new agreement under which Crimmins agreed to remain with Royal until May 31, 1987 for which he was to receive a salary and thereafter severance was to be paid equal to six months’ salary.

In construing the definition of wages, two Connecticut Superior Courts have looked to cases construing the definition of “total wages” under the unemployment compensation statute, Conn.Gen.Stat. § 31-222(b)(l), for guidance. See Palladino v. Northeast Graphics, Inc., No. 347358 (Conn.Super.Court, Hartford/New Britain at Hartford, Mar. 8, 1989), Memorandum of Decision at 3; Balet v. Town of East Hartford, 13 C.L.T. 23 (Conn.Super.Court, Hartford/New Britain at Hartford, Apr. 29, 1987). In McGowan v. Administrator, 153 Conn. 691, 220 A.2d 284 (1966), the court noted that the term wages, defined under § 31-222(b) as “all renumeration for employment,” “connotes all renumeration for any service performed in the course of an employer-employee relationship.” Id. at 693, 220 A.2d 284. Thus, the court held that “[s]inee, in connotation of the statute, wages cease when employment does, severance pay cannot be considered wages.” Id.

The “severance allowance” in issue is not found to be within the § 31-71a(3)’s definition of wages.

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721 F. Supp. 1557, 29 Wage & Hour Cas. (BNA) 895, 1989 U.S. Dist. LEXIS 11856, 1989 WL 119089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abc-office-equipment-inc-v-royal-consumer-business-products-ctd-1989.