Coelho v. Posi-Seal International, Inc.

544 A.2d 170, 208 Conn. 106, 3 I.E.R. Cas. (BNA) 821, 1988 Conn. LEXIS 168
CourtSupreme Court of Connecticut
DecidedJune 28, 1988
Docket13267
StatusPublished
Cited by167 cases

This text of 544 A.2d 170 (Coelho v. Posi-Seal International, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coelho v. Posi-Seal International, Inc., 544 A.2d 170, 208 Conn. 106, 3 I.E.R. Cas. (BNA) 821, 1988 Conn. LEXIS 168 (Colo. 1988).

Opinion

Shea, J.

The plaintiff, Robert Coelho, alleged in his amended complaint that he had been discharged without just cause by the defendant, Posi-Seal International, Inc. (Posi-Seal), in breach of implied and express employment contracts between them.1 At the close of its instructions, the trial court provided the jury with a special verdict form on which to answer special interrogatories relating to the allegations of the complaint. The jury returned its verdict on the special verdict form. The jury found the issues for the plaintiff on his implied contract count but found for Posi-Seal on his express contract claim.2 After denying motions of both [108]*108parties to set aside the verdict, the court rendered judgment in accordance with the verdict.3 Posi-Seal has appealed from the judgment.4 We find no error.

[109]*109Posi-Seal claims that the trial court erred in refusing to set aside the verdict: (1) when there was insufficient evidence to permit the jury to find (a) that the parties had made an implied agreement that the plaintiff could not be terminated without just cause, (b) that the plaintiff had relied on the implied agreement to his detriment, and (c) that the plaintiff had been terminated without just cause; and (2) when the court had failed to instruct the jury that a termination because of a reduction in force is, as a matter of law, just cause.

From the evidence at trial the jury could reasonably have found the following facts: Posi-Seal is a corporation with its principal office in the town of North Stonington. It manufactures high performance valves for the chemical, petroleum and nuclear industries. In January, 1981, the plaintiff, who was then unemployed, had a job interview with the president of Posi-Seal, Donald Miller. On February 9,1981, the plaintiff commenced employment with Posi-Seal as quality control manager. On January 6,1984, Posi-Seal terminated his employment.

I

Posi-Seal first claims that there was insufficient evidence to permit the jury to find that the parties had made an implied-in-fact agreement that the plaintiff could not be terminated without just cause.

The plaintiffs evidence of an implied-in-fact agreement consisted of his own testimony concerning statements made by Miller, president of Posi-Seal, both prior [110]*110to and after his employment commenced on February 9, 1981. The plaintiff testified that he had raised his concerns about job security when Miller interviewed him in January, 1981. The plaintiff testified that Miller had made the following statement about job security. “[Posi-Seal is] the General Motors of the fixture. If you come to work with us, you’ll never have to worry. Grow with us into the future. As long as you do your job, you’ll. . . have a good future with us.” The plaintiff further testified that, before he was hired by Posi-Seal, Miller had told him: “Those people that join us now are going to grow with us into the future.”

The plaintiff testified that he had, during this interview with Miller, expressed serious reservations about becoming manager of quality control at Posi-Seal because he believed that there was an inherent conflict between the managers of quality control and of manufacturing about whether to emphasize meeting quality standards or reducing costs. The plaintiff was aware that the previous manager of quality control had recently left Posi-Seal. The plaintiff testified that he had told Miller: “If I’m going to take a job like this, I need to know we’re going to have support from the upper levels of management. That I’m going to have the support that I need to do my job, if you want me to do it.” The plaintiff testified that, in response to his concern that a quality department must have assurances from management in order to function properly, Miller had said: “You’ll get it here.” During the trial, Posi-Seal’s counsel asked the plaintiff: “And you also told him that you wanted to be in a situation where the quality would be backed up with regard to disputes with manufacturing; is that right?” He responded: “I wanted to know that I could properly perform my job.” The next question was: “And he told you that he’d see that the quality was backed up?” The plaintiff answered: “He had no problem in backing me to the hilt.” The [111]*111next question was: “Is it fair to say that what he responded to your statement of your expectations was, ‘We’ll back up quality, and we believe we’ve got a great future here, and we’re going to go far?’ ” The plaintiff then replied: “I guess that’s what he said. He said, ‘We’ve got a great future here.’ The problem I [have] is with the word ‘believe.’ I don’t believe that . . . at [any] time did Don Miller use the word ‘believe.’ He said, ‘We’ve got a great thing here, we’re growing in the future, and join us, and come with us.’ ”

The plaintiff also testified that, after he had commenced employment with Posi-Seal, Miller further guaranteed him support and job security when the plaintiff had become involved in a dispute with the manager of manufacturing at Posi-Seal. The plaintiff testified: “Time and time again [Miller] said to me, ‘Don’t worry about it. Don’t worry about it. You’re all set. You don’t have to worry. Just do your job. If I’ve got you and [the head of manufacturing] butting heads, then I know you’re doing your job. Don’t worry about it.’ ” In addition, the plaintiff testified that at management meetings Miller would frequently make statements concerning the job security of his management “team,” with the clear implication that the plaintiff was a member of this team. In this regard, the plaintiff testified: “Miller had a habit. . . had a particular set of words that he liked, and at staff meetings he’d slide his back away from the table and say, ‘This is the team.’ He said that time and time again, ‘this is the team.’ And he made references to, ‘This is the team that will take us into the next century. This is the team of the future. This is the team that will carry this company ahead.’ ”

“ ‘A contract implied in fact, like an express contract, depends on actual agreement.’ ” D’Ulisse-Cupo v. Board of Directors of Notre Dame High School, 202 Conn. 206, 211 n.2, 520 A.2d 217 (1987); Therrien v. [112]*112Safeguard, Mfg. Co., 180 Conn. 91, 94, 429 A.2d 808 (1980); Brighenti v. New Britain Shirt Corporation, 167 Conn. 403, 406, 356 A.2d 181 (1974); Corriveau v. Jenkins Bros., 144 Conn. 383, 387, 132 A.2d 67 (1957). Accordingly, to prevail on the first count of his complaint, which alleged the existence of an implied agreement between the parties, the plaintiff had the burden of proving by a fair preponderance of the evidence that Posi-Seal had “ ‘agreed, either by words or action or conduct, to undertake [some] form of actual contract commitment’ ” to him under which he could not be terminated without just cause. D’Ulisse-Cupo v. Board of Directors of Notre Dame High School, supra, 212 n.2; Therrien v. Safeguard Mfg. Co., supra, 94-95.

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Bluebook (online)
544 A.2d 170, 208 Conn. 106, 3 I.E.R. Cas. (BNA) 821, 1988 Conn. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coelho-v-posi-seal-international-inc-conn-1988.