Johnson v. Sitzmann

413 N.W.2d 541, 1987 Minn. App. LEXIS 4903
CourtCourt of Appeals of Minnesota
DecidedOctober 13, 1987
DocketC3-87-937
StatusPublished
Cited by1 cases

This text of 413 N.W.2d 541 (Johnson v. Sitzmann) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Sitzmann, 413 N.W.2d 541, 1987 Minn. App. LEXIS 4903 (Mich. Ct. App. 1987).

Opinion

OPINION

POPOVICH, Chief Judge.

This appeal is from an amended order dated December 3, 1986, which (1) granted respondents’ motion for summary judgment on the issue of settlement and compromise of appellant’s claims under the Minnesota Human Rights Act, and (2) deferred resolution of appellant’s claim of unauthorized withholding from wages until further order of the court, and from a judgment holding respondents violated Minn.Stat. § 181.79, subd. 1 by withholding the amount of $175 from appellant’s paycheck for rent due without appropriate written authorization. We affirm.

FACTS

Faye Sitzmann is the record owner of an apartment building located at 1280-1305 Grand Avenue in St. Paul, Minnesota. She and her husband were employers of Michael Johnson (appellant), who resided in one of the apartments from December 15, 1982 until January 16, 1984.

Appellant, hired as caretaker and rental manager, was paid an hourly wage of $5.50 and required to live on the premises. Respondents provided appellant an apartment at the rate of $200 per month, which normally rented for $350 per month.

In June 1983, appellant’s fiancee, Teresa Scalzo, moved into the apartment to live with appellant. Respondents, later aware of Ms. Scalzo’s presence in appellant's apartment, warned appellant.

Appellant was customarily paid by respondents bimonthly for hours worked. From the gross wages due appellant, respondents would deduct rent owed for tenancy.

Respondents required non-employee tenants to pay rent in advance at the beginning of each month. Appellant’s rent was withheld by respondents bi-monthly rather than in advance.

For the term of appellant’s employment, from December 1982 through January 16, *543 1984, respondents withheld rent at the rate of $200 per month from appellant’s compensation.

There was no written authorization permitting respondents to withhold any amounts of rent from Johnson’s compensation.

Respondents terminated appellant’s employment on January 16, 1984. At that time, respondents advised appellant his rent would be $350 per month, effective immediately.

On January 17, 1984, respondents paid appellant his final wages for the work period of January 1-16, 1984. Gross wages due were $426, but respondents deducted $100 for the rental period covering January 1-15, 1984, and $175 for the rental period covering January 16-31, 1984. Appellant objected to respondents’ deduction of $175 and never authorized respondents to make the deductions.

At a Department of Economic Security hearing, respondents said they discharged appellant “because [they] just didn’t condone the fact that an employee on the premises to be living with an unmarried girl in the apartment.”

Among the findings of fact of the Department of Economic Security were:

In November of 1983, the employer [Sitz-mann] discovered that [Johnson] was living with a woman to whom he was not married in the apartment furnished [Johnson] by the employer. The employer indicated to [Johnson] that he disapproved of this practice and that [Johnson] would get into trouble if he contin-ued_ In December of 1983, the employer once again warned [Appellant] that he did not approve of having another individual living with [Appellant] under the above mentioned circumstance.... On January 14, 1984, the employer told [Appellant] that he must get the woman out of the apartment that was furnished him by the employer or he would be discharged. On Monday, January 16, 1984, the employer visited with [Johnson]. The woman continued to reside in the same apartment. Thereupon, the employer discharged [Johnson].

On June 7, 1984, appellant filed a charge of discrimination against respondents with the Minnesota Department of Human Rights. Appellant alleged respondents terminated his employment without prior notice or warning and did so because of his living arrangements. Appellant specifically alleged respondents discriminated his employment on the basis of his marital status, in violation of Minn.Stat. § 363.03, subd. l(2)(b) & (c) (1986).

After investigating, the Department of Human Rights on September 7, 1984 determined that probable cause existed to credit the allegation of discrimination. The Department found marital status was a consideration in appellant’s termination.

When respondents discharged appellant, they gave appellant two weeks’ notice to vacate the apartment no later than January 30, 1984. Although appellant was not an employee of respondents the last two weeks of January 1984, respondents nevertheless withheld the increased rental amount.

Subsequently the matter was referred to the Attorney General’s Office for conciliation. On or about February 4, 1985, appellant verbally accepted a settlement offer of $1,360 from Deborah Kohler, a special assistant attorney general assigned to the case. A written settlement agreement was prepared by her, signed by respondents, then signed by Kohler, and forwarded to appellant for his signature.

Upon receiving the settlement documents and check, appellant consulted counsel for the first time and decided not to execute the agreement. Appellant then initiated a private civil action pursuant to Minn.Stat. § 363.14, subd. 1(b)(3).

The December 3, 1986 order for summary judgment was entered in favor of respondents in regard to the issue of settlement and compromise of appellant’s claim under the Human Rights Act. On March 11, 1987, the court concluded appellant was entitled to $350, or double the amount withheld for the last two weeks of appellant’s occupancy, pursuant to Minn.Stat. § 181.-79. This appeal followed.

*544 ISSUES

1. Did the trial court err in determining no genuine issues of material fact existed regarding appellant’s settlement agreement with the Department of Human Rights?

2. Did the trial court err in awarding appellant only a portion of the amount withheld from appellant?

ANALYSIS

1. Appellant argues his oral assent to respondents’ settlement offer does not bar the present suit, citing Minn.Stat. § 363.14, subd. 1 (1986). Appellant claims the statute supersedes any law to the contrary and cites the statutory policy “[i]t is the public policy of this State to secure for persons in this State, freedom from discrimination.” Minn.Stat. § 363.12, subd. 1 (1986).

Appellant claims (1) public policy is served by interpreting the statute to mean appellant may pursue a civil action unless he was a signator to a conciliation agreement, (2) he would only be disabled from pursuing a civil action if he were a signator to a conciliation agreement, and (3) summary judgment was improper because the Human Rights Act precludes it.

The trial court found no issue of fact existed whether there was a binding settlement. It is not disputed appellant orally agreed to the settlement. The Department and respondents signed the agreement and it was sent to appellant for his signature with a check drafted by respondents in the amount of $1,360.00 as payment for the settlement. Appellant argues because he did not sign the agreement, therefore he is not barred from bringing this suit. We disagree.

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413 N.W.2d 541, 1987 Minn. App. LEXIS 4903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-sitzmann-minnctapp-1987.