Canovas v. University of Massachusetts Medical School

27 Mass. L. Rptr. 272
CourtMassachusetts Superior Court
DecidedJune 25, 2010
DocketNo. 092339
StatusPublished
Cited by2 cases

This text of 27 Mass. L. Rptr. 272 (Canovas v. University of Massachusetts Medical School) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Canovas v. University of Massachusetts Medical School, 27 Mass. L. Rptr. 272 (Mass. Ct. App. 2010).

Opinion

Lu, John T., J.

The pro se plaintiff, Pedro Canovas (Mr. Canovas), brings this action against the defendants, Dr. Dario C. Altieri (Dr. Altieri) and University of Massachusetts Medical School (UMMS), alleging breach of contract (Count I), wrongful discharge for breach of contract (Count II), wrongful discharge for breach of the covenant of good faith and fair dealing against UMMS (Count III), retaliation against both defendants (Count IV), tortious interference with contract rights (Count V), tortious interference with prospective business or economic advantage (Count VI), promissory estoppel (Count VII), intentional infliction of emotional distress (Count VIII), and prior restraint on publication (Count IX) against Dr. Altieri. The claims arise from Mr. Canovas’s termination on August 15, 2008 as a Postdoctoral Associate in Dr. Altieri’s laboratory at UMMS. The defendants move to dismiss Mr. Canovas’s complaint for failure to state a claim upon which relief could be granted.

Mr. Canovas’s breach of contract, wrongful discharge for breach of contract, and wrongful discharge for breach of covenant of good faith and fair dealing claims against UMMS are premised upon his assertion that he entered into an employment contract for a definite term with UMMS when he accepted the terms of Dr. Altieri’s offer letter. The offer letter stated that Mr. Canovas’s salary would be $42,000 per year, and requested that he commit to the job for at least two years. He further argues that he believed he would be employed at least until January 7,2010 because UMMS filed avisa petition letter on Canovas’s behalf providing that the dates of his employment period were September 15, 2007 to January 7,2010. The defendants assert that Mr. Canovas was an employee “at will” and was subject to termination at any time without cause. See Smith-Pfeffer v. Superintendent of the Walter E. Fernald State School, 404 Mass. 145, 150 (1989), quoting Gram v. Liberty Mut. Ins. Co., 384 Mass. 659, 668 n.6 (1981) (“the general rule [is] that ‘an employment-at-will contract [can] be terminated at any time for any reason or for no reason at all’ ”) (third alteration in original).

“[Wjhether there is a contract for services for a definite period of time . . . depends upon all the attendant conditions surrounding the agreement, as well as upon its terms, when the latter are not specific and clear.” Kravetz v. Merchants Distributors, Inc., 387 Mass. 457, 460 (1982), quoting Maynard v. Royal Worcester Corset Co., 200 Mass. 1, 4 (1908). Where the terms of an agreement with respect to duration of employment are neither specific nor clear, as in this case, it is “proper... to refer not only to the contract language but also to the attendant circumstances, including the nature of the employment, ... the prior negotiation, [and] the situation of the parties.” Id., quoting Mahoney v. Hildreth & Rogers Co., 332 Mass. 496, 498 (1955). Reference in a contract to a salary payable at an annual rate is one circumstance supporting a finding that the contract provided for employment for a definite term. Id.

Mr. Canovas asserts that UMMS, through its agent, Dr. Altieri, breached his employment contract by failing to revise his annual salary, denying him an annual bonus, failing to provide him with financial assistance when he was denied unemployment benefits, and failing to publish the results of his research. Taking Mr. Canovas’s allegations as true and drawing all reasonable inferences in his favor, this court finds that he has alleged sufficient facts to suggest that he had an employment contract with UMMS for the period of three years.2 Similarly, factual determinations are required on the issue of whether the publication of research results was an implied benefit of the contract and, if so, whether UMMS, through Dr. Altieri, interfered with the publication of Mr. Canovas’s research data in violation of the covenant of good faith and fair dealing implicit in every contract. See Anthony’s Pier Four, Inc. v. HBC Assocs., 411 Mass. 451, 471 (1991) (neither party to contract may do anything that destroys or injures other party’s right to receive fruits of contract). It is inappropriate to dismiss the counts for breach of contract, wrongful discharge for breach of contract, and wrongful discharge for breach of covenant of good faith and fair dealing.

It appears that Mr. Canovas brings his retaliation claim against the defendants under G.L.c. 15 IB, §4(4).3 [273]*273To establish a prima facie case for retaliation, Mr. Canovas must show: (1) that he “engaged in legally protected conduct”; (2) “that [he] suffered an adverse employment action"; and (3) that “a causal connection existed between the the protected conduct and the adverse action.” Ritchie v. Dept. of State Police, 60 Mass.App.Ct. 655, 664 (2004) (internal citation omitted). Mr. Canovas has alleged sufficient facts to suggest that Dr. Altieri’s refusal to publish his work and provide him with letters of reference may have been causally connected to Mr. Canovas’s protected conduct, i.e. filing of an internal complaint against Dr. Altieri with the Diversity and Equal Opportunity Office at UMMS. See Ritchie, 60 Mass.App.Ct. at 664-65 (stating that complaining to management, filing an internal complaint, or meeting with coworkers to resolve harassment issues qualifies as protected conduct). An individual may bring a claim against a former employer for post-employment retaliation. See Donaldson v. Akibia, No. 2003-1009 (Mass.Super.Ct. Nov. 29, 2005) (Fecteau, J.) [20 Mass. L. Rptr. 318] (denying summary judgment in action arising out of employer’s post-termination reduction of plaintiffs proposed severance after plaintiff informed employer of possibility of filing discrimination claim against employer). Mr. Canovas’s allegation that Dr. Altieri terminated him in retaliation for challenging Dr. Altieri’s scientific discoveries fail, however, as he has no arguable basis for establishing that he engaged in protected conduct. Similarly, his retaliation claim against UMMS fails, as he has not alleged that he was materially disadvantaged by UMMS’s prohibiting him from returning to campus. See Ritchie, 60 Mass.App.Ct. at 665 (“Prohibited retaliatory actions are those that constitute a change in working conditions that ‘create a material disadvantage in the plaintiffs employment’ ”) (internal citation omitted).

Mr. Canovas further argues that by refusing to revise his salary, asking him to do unnecessary experiments, not sending him to conferences, and not publishing his research results, Dr. Altieri improperly interfered with his contractual relationship with UMMS. He also asserts that Dr. Altieri tortiously interfered with his business relationship with potential employers by not providing Mr. Canovas with a reference letter and by possibly giving him bad references. “There are four elements required to establish the tort of intentional interference with contractual relations: (1) the plaintiff had a contract with a third party, (2) the defendant knowingly induced the third party to break that contact, (3) the defendant’s interference was improper in motive or means, and (4) the plaintiff was harmed by the interference.” Alba v. Sampson, 44 Mass.App.Ct. 311, 314 (1998), review denied, 427 Mass. 1104 (1998) (internal citation omitted). Actions taken by an employee’s supervisor within the scope of employment are privileged, as long as the actions are not taken with actual malice. Boothby v. Texon, Inc. 414 Mass. 468, 487 (1993).

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Related

Cánovas v. University of Massachusetts Medical School
29 Mass. L. Rptr. 176 (Massachusetts Superior Court, 2011)
Cánovas v. Massachusetts Commission Against Discrimination
29 Mass. L. Rptr. 207 (Massachusetts Superior Court, 2011)

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Bluebook (online)
27 Mass. L. Rptr. 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canovas-v-university-of-massachusetts-medical-school-masssuperct-2010.