Gabelmann v. NFO, INC.

571 N.W.2d 476, 1997 Iowa Sup. LEXIS 336, 1997 WL 732139
CourtSupreme Court of Iowa
DecidedNovember 26, 1997
Docket96-161
StatusPublished
Cited by19 cases

This text of 571 N.W.2d 476 (Gabelmann v. NFO, INC.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gabelmann v. NFO, INC., 571 N.W.2d 476, 1997 Iowa Sup. LEXIS 336, 1997 WL 732139 (iowa 1997).

Opinion

LAVORATO, Justice.

This lawsuit by a former employee against his former employer comes to us on further review. The employee appealed, challenging two district court rulings. In the first ruling, the district court sustained the employer’s motion for directed verdict on the employee’s Iowa Code chapter 91A claim for wages in the form of a monthly allowance. The court concluded the housing allowance was not wages. In the second ruling, the court granted the employer’s motion for judgment notwithstanding the verdict on the employee’s breach of contract claim for the housing allowance. The court did so on two grounds: There was a lack of substantial evidence to support the claim, and the claim was time-barred. The court of appeals affirmed the ruling on the motion for judgment notwithstanding the verdict, concluding the claim was time-barred.

*478 We conclude (1) the housing allowance is “wages” for purposes of chapter 91A, (2) there was substantial evidence to support the breach of contract claim, and (3) only a portion of the housing allowance is time-barred. We therefore vacate the court of appeals decision, reverse the district court’s two rulings, and remand with directions.

I. Facts.

NFO, Inc. is a nonprofit corporation based in Ames, Iowa. It is a membership organization that provides marketing services and information to its farmer members.

Karl Gabelmann was a long-time employee of NFO. He began working for NFO in 1973 out of his home in Garner, Iowa, when the organization was based in Corning, Iowa. He signed an offer of employment at the time which stated his position, salary, travel allowances, and lodging expenses. Brynolf Grahn was Gablelmann’s direct supervisor. Grahn was director of field operations for NFO and worked out of the organization’s headquarters in Corning.

Over time, Gabelmann’s responsibilities with NFO grew and he was required to move to Spencer, Iowa. Gabelmann asked Grahn if NFO would pay for the move. Grahn told Gabelmann that the NFO would not pay for the first move, but it would pay for subsequent moves.

In May 1975 Grahn sought to bring Gabel-mann to the Corning offices to work with him. Grahn obtained permission from NFO’s president, Oren Lee Staley, to do so and to pay Gabelmann’s moving expenses and an $80 per month housing allowance. Grahn then contacted Gabelmann on a Friday night and requested Gabelmann to move to Corning. Grahn told Gabelmann that he would receive moving expenses and an $80 per month housing allowance.

Gabelmann accepted Grahn’s offer and began working in Corning the following Monday morning. Gabelmann’s family remained in Spencer until his son finished high school. Gabelmann lived in a motel in Corning during the week and traveled to Spencer on weekends. Gabelmann’s family moved to Coming the following May.

During this year’s time, NFO paid Gabel-mann his motel, food, and automobile expenses. In the fall of 1975, Grahn left NFO to return to farming in Minnesota. Roger Slottach succeeded Grahn as director of field operations. Before leaving, Grahn told Slot-tach of the commitment to pay Gabelmann’s moving expenses and housing allowance. Grahn left it to Slottach to complete the necessary internal paperwork to carry out this commitment.

Shortly after Gabelmann’s family moved to Corning, Gabelmann gave Slottach the information to prepare the requisition forms that NFO used to process requests for moving expenses and housing allowances. Slottach prepared one for the moving expense which amounted to $689.01 and one for the $80 per month housing allowance. Slottach approved both requests as did Gene Potter, the association’s budget and finance director.

Such requisition requests were passed on to Staley, the president, for his approval or rejection. Staley’s usual custom was to indicate approval or rejection by initialing the lower left-hand corner of the form. When Slottach submitted the requisitions to Staley, he fully expected them to be approved.

For some reason, the original requisitions for the moving expenses and housing allowance never turned up, only copies remain. Staley’s initials do not appear on the copies. Thus there is no record evidence that Staley ever rejected or approved the requests on the original requisition forms. Notwithstanding the requisition procedure, Grahn gave the following testimony at trial on how he usually obtained Staley’s approval:

Q. What was your practice, if you had one, in terms of making requests for changes in personnel assignment, salaries, reimbursements? Did you have a regular way of handling those issues within the organization? A. Yes. My method was always to go with figures and reasons and arguments to Mr. Staley on why [a salary] should be raised or why I wanted a certain individual. And if he says okay, go ahead, make out a requisition and send it to me, that’s what I would do, but I always went to Mr. Staley first and got his consensus on it and then I would go ahead and *479 complete the requisition if the person agreed with me that I would make a requisition with, of course.
Q. So if I understand correctly, the paper followed the decision and not the other way around? A. Absolutely, right.

Grahn further testified he followed this procedure in obtaining Staley’s approval to offer Gabelmann moving expenses and a housing allowance. Grahn did not immediately follow up with requisition requests for these items because Gabelmann’s family was not yet ready to move to Corning and had not done so by the time Grahn left the association in the fall of 1975.

Several times, Gabelmann asked Slottach about the status of the two requisitions. Slottach said he would inquire, but never gave Gabelmann an answer. Meanwhile, Grahn returned to NFO later in 1976, and Gabelmann asked him about the payments. Grahn said he would look into it, but, like Slottach, never gave Gabelmann an answer.

Thereafter NFO experienced financial problems that persisted through most of Ga-belmann’s remaining employment. At times Gabelmann would have to borrow money because the association could not afford to pay his salary.

By 1982, Devon Woodlund had replaced Staley as president. Grahn, who had again left NFO, returned as director of budget and finance. At this time, Gabelmann wrote Grahn a note asking again about his moving expenses and housing allowance. Grahn told Gabelmann he could not authorize payment at that time because NFO was financially strapped; the organization had resorted to four-day work weeks and a salary freeze. Valuing his job more than the funds he felt he was owed, Gabelmann did not press the matter.

By May of 1986, Grahn had left NFO again. Rene Niese succeeded Grahn as director of budget and financing. At about this time, Gabelmann filed a requisition form, asking for $689.01 moving expenses and $10,-640 accrued housing allowance. NFO took no action.

In June 1993, NFO dismissed Gabelmann, telling him that they had to cut back and he was old enough to retire anyway. Shortly after, Gabelmann made a written demand on NFO for the moving expenses and housing allowance. The total demand, including 8.5% interest, amounted to $40,389.69. When NFO refused to pay, Gabelmann sued.

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Bluebook (online)
571 N.W.2d 476, 1997 Iowa Sup. LEXIS 336, 1997 WL 732139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gabelmann-v-nfo-inc-iowa-1997.