Campbell v. Town of Plymouth

811 A.2d 243, 74 Conn. App. 67, 2002 Conn. App. LEXIS 608, 2002 WL 31716765
CourtConnecticut Appellate Court
DecidedDecember 10, 2002
DocketAC 22185
StatusPublished
Cited by23 cases

This text of 811 A.2d 243 (Campbell v. Town of Plymouth) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Town of Plymouth, 811 A.2d 243, 74 Conn. App. 67, 2002 Conn. App. LEXIS 608, 2002 WL 31716765 (Colo. Ct. App. 2002).

Opinion

Opinion

FOTI, J.

This appeal arises from an action in three counts brought by the plaintiff, Leonard S. Campbell, against the defendant, his former employer, the town of Plymouth. The plaintiff appeals from the judgment of the trial court, claiming that the court improperly (1) granted the defendant’s motion to strike counts two and three of the complaint,1 which alleged, respectively, [70]*70breach of the covenant of good faith and fair dealing, and intentional infliction of emotional distress, (2) granted the defendant’s motion for summary judgment as to count one, which alleged wrongful discharge under General Statutes § 31-51m, and (3) denied the plaintiffs motion to reargue. We affirm the judgment of the trial court.

The following facts and procedural history are relevant to our disposition of the plaintiffs appeal. The defendant hired the plaintiff as its town planner on November 14, 1988. The personnel rules for the classified service employees of the town of Plymouth (personnel rules) governed the terms and conditions of the plaintiffs employment. In 1994, due largely to budget cuts, the town reduced the position of town planner from full-time to part-time. The plaintiff continued part-time in his capacity as town planner, and the defendant also hired him as its part-time zoning enforcement officer.

On April 7, 1997, the defendant discharged the plaintiff from his employment. The reason for the discharge is disputed. The defendant claims that it discharged the plaintiff because of insubordination and followed all corrective action procedures set forth in the personnel rules. The plaintiff, however, claims that the defendant discharged him because he refused to submit erroneous and fraudulent information in a report to the department of economic and community development, which had provided a development grant to the defendant.

After his discharge, the plaintiff filed for unemployment compensation benefits through the unemployment compensation commission. The defendant opposed payment of such benefits. According to the plaintiff, he pursued benefits through the commission until December 1, 1999, and appealed to the Superior [71]*71Court from the denial of benefits on December 30,1999.2 The plaintiff then commenced this action on March 21, 2000.

The plaintiffs complaint consisted of three counts, statutory wrongful discharge under § 31-51m, Connecticut’s “whistle-blower” protection statute, a common-law wrongful discharge claim based on the breach of an implied covenant of good faith and fair dealing, and intentional infliction of emotional distress. The defendant filed a motion to strike counts two and three on May 12,2000. The court, Graham, J., granted the motion as to both counts on July 17, 2000, leaving only the statutory wrongful discharge claim unresolved. The plaintiff did not file new or amended pleadings as permitted by Practice Book § 10-44, nor did the court render judgment on the two stricken counts.

The defendant subsequently answered the complaint and asserted as an affirmative defense that the applicable statute of limitations barred the statutory claim. On February 5, 2001, the defendant filed a motion for summary judgment as to the one remaining count. The court, Shortall, J., granted that motion on June 8, 2001, finding that the action was time barred. The plaintiff filed a motion to reargue on June 25, 2001, which the court denied. The plaintiff appealed on July 26, 2001.

I

The plaintiff first claims that the court improperly granted the defendant’s motion to strike counts two [72]*72and three of the complaint,3 which alleged, respectively, breach of the covenant of good faith and fair dealing, and intentional infliction of emotional distress. Before discussing the merits of the plaintiffs arguments, however, we first set forth our standard of review.

A motion to strike tests the legal sufficiency of the pleadings “to state a claim upon which relief can be granted . . . .” Practice Book § 10-39 (a) (1). Because a determination of legal sufficiency is not a question of fact but one of law, our review of claims concerning a motion to strike is plenary. Parsons v. United Technologies Corp., 243 Conn. 66, 68, 700 A.2d 655 (1997). “In an appeal from a judgment following the granting of a motion to strike, we must take as true the facts alleged in the plaintiffs complaint and must construe the complaint in the manner most favorable to sustaining its legal sufficiency.” (Internal quotation marks omitted.) Craig v. Driscoll, 64 Conn. App. 699, 703, 781 A.2d 440, cert. granted on other grounds, 258 Conn. 931, 785 A.2d 228 (2001).

A

Count two of the complaint alleged that the defendant breached its covenant of good faith and fair dealing by [73]*73discharging the plaintiff. The plaintiff argues (1) that the court improperly decided that § 31-51m* *4 was the plaintiffs exclusive remedy, (2) that by doing so, the court deprived the plaintiff of his right to plead in the alternative, as specifically provided for in Practice Book § 10-25,5 and (3) that the court improperly presumed facts not in evidence. We disagree.

The court correctly decided on the basis of the Supreme Court’s decision in Burnham v. Karl & Gelb, P.C., 252 Conn. 153, 157-58, 745 A.2d 178 (2000), that § 31-51m provides the exclusive remedy for wrongful [74]*74discharge for ‘‘whistle-blowing” and that the availability of that statutory remedy precluded the plaintiff from pleading any alternative, common-law cause of action.

Generally, Connecticut follows the rule that employment is at-will and terminable by either the employee or the employer with impunity. Fisher v. Jackson, 142 Conn. 734, 736, 118 A.2d 316 (1955). We have recognized an exception to that rule, however, where an “employee can prove a demonstrably improper reason for dismissal, a reason whose impropriety is derived from some important violation of public policy.” (Emphasis in original.) Sheets v. Teddy’s Frosted Foods, Inc., 179 Conn. 471, 475, 427 A.2d 385 (1980) (creating public policy exception to doctrine of at-will employment). In such cases, the plaintiff may have a common-law cause of action against the employer. In Atkins v. Bridgeport Hydraulic Co., 5 Conn. App. 643, 501 A.2d 1223 (1985), however, this court further narrowed that cause of action by holding that our public policy exception to the at-will doctrine is available only in cases in which there are no other available remedies and “ ‘permitting the discharge to go unredressed would leave a valuable social policy to go unvindicated.’ ” Id., 648, quoting Wehr v. Burroughs Corp., 438 F. Sup. 1052, 1054 (E.D. Pa. 1977).

In Burnham v. Karl & Gelb, P.C., supra, 252 Conn. 159-62, our Supreme Court explicitly affirmed our decision in Atkins

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Bluebook (online)
811 A.2d 243, 74 Conn. App. 67, 2002 Conn. App. LEXIS 608, 2002 WL 31716765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-town-of-plymouth-connappct-2002.