Courtois v. Legal Seafoods, Inc.

17 Mass. L. Rptr. 296
CourtMassachusetts Superior Court
DecidedFebruary 6, 2004
DocketNo. 032752
StatusPublished

This text of 17 Mass. L. Rptr. 296 (Courtois v. Legal Seafoods, Inc.) 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
Courtois v. Legal Seafoods, Inc., 17 Mass. L. Rptr. 296 (Mass. Ct. App. 2004).

Opinion

Fabricant, J.

INTRODUCTION

This action arises from the termination of the plaintiffs employment with the defendant Legal Sea-foods, Inc. The plaintiff alleges that his termination was caused by discrimination on the basis of age and handicap, and retaliation for the exercise of his right to claim workers’ compensation benefits for workplace injuries. Presently before the Court is the defendants’ motion for summary judgment as to all counts of the complaint. For the reasons that will be explained, the motion will be allowed.

BACKGROUND1

The record, considered in the light most favorable to the plaintiff, provides the following factual background. The plaintiff, whose date of birth is March 17, 1958, worked for Legal Seafoods, in its Seafood Operations Department, from 1987 until his termination on June 30, 2000, at age 42. He held various positions over the years; at the time of his termination he was a Fish Department Manager.

Until early 2000, the Seafood Operations Department had responsibility for both purchasing and processing fish, lobster, and other seafood products. The department was headed by the plaintiffs brother-in-law, Arthur Kloack, who held the title of Vice President of Seafood Operations.2 Kloack reported directly to the president of the company, Roger Berkowitz. Kloack supervised three managers: the plaintiff; Noel James, whose date of birth is September 7, 1959; and Bill Holler, whose date of birth is September 17, 1963.

The record includes somewhat varying versions of the distribution of responsibilities among the plaintiff, James and Holler, and of their skills and performance. Kloack’s affidavit gives this version as to the plaintiff:

Chuck primarily handled the office, taking orders from the restaurants, handling the telephones, and doing other paperwork. Chuck also attended seafood auctions once or twice a week over the last year since another employee retired, and he did some buying under my guidance. Chuck also occasionally supervised the production line when Bill Holler was not in. Chuck’s performance on office duties was excellent, but he did not have strong leadership skills, needed to improve on decision-making, planning and follow-through, and he had some trouble dealing with managers outside the department. Chuck had opportunities to go to the next level as a manager in terms of handling employees, other managers and business decisions, but did not carry himself well.

Kloack conducted performance evaluations of the plaintiff in March of 1997, 1998, and 1999. He gave the plaintiff ratings rather more generous than the evaluation reflected in his affidavit; in 1997, Kloack rated the plaintiff “excellent” in five performance categories, and “outstanding” in attendance; in the latter [297]*297two years Kloack rated the plaintiff “outstanding” in all six categories.3

Regarding Noel James, Kloack’s affidavit indicates that he “ran the operation on weekends, and supervised seafood transport and receiving, and the production line on the days he worked during the week. Noel . . . has excellent people management skills. He shows particular strength in production and is the best manager to work on weekends given his knowledge of the buildings and systems from having worked in other departments.” Bill Holler, according to Kloack’s affidavit, “came to the company after five years running his own fish processing business and several years managing the daily operations of another wholesale fish processing business. Bill had primary responsibility to oversee receiving and production . . . Bill was self-sufficient in performing his duties and showed leadership qualities.”

The plaintiffs deposition testimony casts the roles and qualities of the three in a slightly different light. According to the plaintiff, before James and Holler joined the department, he and Kloack shared functions. The plaintiff testified,

I was still taking in, receiving lobsters, getting lobster prices, doing a little buying through Bill Conte. If he saw that he wanted something, I would make a phone call and purchase them. I would run the guys on the floor. I would run the guys in the office. Basically, me and Arthur kind of intertwined each other because Arthur was sometimes pulled into the fish pier in the morning, so I would be the guy in charge of the operation while he wasn’t there. When he was there, we kind of took on the responsibilities together with Arthur being the lead person.

Later, according to the plaintiff, various other people were hired into the department. The plaintiffs role was “training the new guys that came on and taking care of the daily operation.” When Bill Holler was hired, the plaintiff testified, “I had trained Billy to do some of the office paperwork, to do the purchase orders, to answer the phones for the restaurants, write some of the sheets that are filled out for product going to the restaurants. It was a big training procedure ... I was training him and running the daily operation. .. After Bill was trained, I went back up to Gloucester and started buying fish again . . . and Noel James also worked on the floor. They would both kind of bounce from receiving product and running the floor and the office paperwork.”

Kloack’s deposition testimony confirms some aspects of the plaintiffs version; Kloack testified that the work involved a lot of “teamwork,” that various duties were shared, that the plaintiff had “somewhat” of a role in instructing new employees in the department, and that the plaintiff was capable of performing the tasks that Holler and James performed. The plaintiff, according to Kloack’s deposition testimony, did more paperwork than the others “Because Chuck worked primarily in the office . . . He was the senior man . . . in the management side of it.”4

The plaintiff experienced certain work-related injuries during his employment with Legal Seafoods, according to his deposition testimony. Sometime early in his years with the company, he had a back injury that kept him out of work for four months. When he returned, Kloack and various co-workers made comments about the burden on others resulting from his absence. From then on, according to the plaintiffs deposition testimony, his co-workers made comments such as “ Watch out. Don’t hurt your back’ or Watch out. He is going to go out for another couple of months.’ ” When asked at his deposition whether he suffered any adverse consequences in his employment as a result of the injury, the plaintiff cited only these comments from co-workers. The record provides no documents regarding this injury, or any claim for benefits of any kind arising from it, nor did the plaintiff testify regarding any claim for benefits.

The plaintiff had a second back injury in 1997. He testified that he did not recall whether he lost any time from work. Asked whether he suffered any adverse consequences in his job because of the injury, he responded “no, not really, no.” A third back injury occurred in 1998. The plaintiff testified that he did not lose any time from work after the 1998 injury, and did not recall any adverse consequences in the job in connection with that injury. In January 1999, the plaintiff suffered a cut finger at work. He testified that did not lose any time from work, and he did not recall suffering any adverse consequences in his job. He offers documents that appear to reflect workers’ compensation claims for these three injuries.5

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Bluebook (online)
17 Mass. L. Rptr. 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/courtois-v-legal-seafoods-inc-masssuperct-2004.