Kunda v. Caremark PHC, L.L.C.

119 F. Supp. 3d 56, 2015 U.S. Dist. LEXIS 110787, 2015 WL 4768817
CourtDistrict Court, E.D. New York
DecidedAugust 13, 2015
DocketNo. 14-CV-6125 (JFB)(AYS)
StatusPublished
Cited by3 cases

This text of 119 F. Supp. 3d 56 (Kunda v. Caremark PHC, L.L.C.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kunda v. Caremark PHC, L.L.C., 119 F. Supp. 3d 56, 2015 U.S. Dist. LEXIS 110787, 2015 WL 4768817 (E.D.N.Y. 2015).

Opinion

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge.

Plaintiff William R. Runda (“Runda” or “plaintiff’) brings this breach of contract claim under New York state law alleging he' was improperly and arbitrarily terminated by defendant Caremark PhC, L.L.C., doing business as CVS Caremark (“CVS” or “defendant”).1 Defendant now moves to dismiss the plaintiff s complaint, pursuant to Federal Rule of Civil Proce[58]*58dure 12(b)(6). For the reasons set forth herein, defendant’s motion is granted.

I. FACTS

The following facts are taken from the complaint (“Compl.”) and are not findings of fact by the Court, but rather are assumed to be true for the purpose of deciding this motion and are construed in a light most favorable to plaintiff, the non-moving party.

Plaintiff was hired by defendant CVS on or about May 2006 as an Assistant Store Manager at the CVS store located in Center Moriches, New York. (Compl.¶ 4.) CVS promoted plaintiff to Store Manager of the Mattituck store, located at 9870 Main Road, Mattituck, New York, in or about 2010. (Id.¶ 5.)- Plaintiff continued to work as the Store Manager of the Mattituck store from 2010 until March 2014. (Id. ¶ 6)

On or about February 25, 2014, plaintiff alleges that District Manager Robert Nielsen questioned plaintiff about an interaction he had with another, employee, at the CVS store in Coram, New York. (Id. ¶ 10.) The interaction was allegedly captured on video. (Id.) After plaintiff and Nielsen watched the video recording, plaintiff asserts “it was determined that [the video] did not provide any proof of the alleged interaction.” (Id.) Plaintiff also states that the video “did not show any harassment or physical altercations between the parties.” (Id. ¶ 12.). Nielsen suspended plaintiff temporarily pending further investigation of the incident between plaintiff and the other employee. (Id. ¶ 10.) On or about March 5, 2014, Nielsen informed plaintiff that he was terminated based on the interaction with the employee. (Id, ¶ 11.) Plaintiff requested permission to review any information available regarding the allegations, but plaintiff asserts that defendant did not provide him with a copy of the video recording. (Id. ¶ 12.)

From 2006 through March 2014, GVS had an Employment Handbook which is attached to defendant’s, motion as Exhibit 2.2 (Id. -¶ 8.) .Section 3 of the Handbook reads as follows:

[59]*59Examples of conduct that generally lead to discipline and termination include but are not limited to:
• Rude conduct toward others
• Offensive language on company premises or when representing the company
• Sleeping on the job
• Conducting personal business at work
• Frequent absences, tardiness, or leaving work before the end of your shift
• Intérference with or failure to cooperate with any investigation
• Commission of a crime
• Illegal or unethical conduct, whether on or off the job
• Insubordination
• Dishonesty
• Theft or fraud of any kind, including those listed in the Employed Theft and Fraud section of this handbook
• Working “off the clock” or requiring a subordinate to work “off the clock”'; i.e., without pay for time worked
• Willful or careless destruction of or damage to the company’s or another person’s property
• Falsification of any company records or reports including the false reporting of time worked for yourself or others
• Horseplay
• Disregarding or violating any Safety Rules
• Disabling safety guards or key lockouts on any equipment including conveyors, balers, forklifts or other power equipment
• Possession of weapons of any kind in the workplace
• Smoking in any company facility
• Asking or allowing a minor employee 'to perform duties that are unsafe or violate state or federal child labor laws
• Use, possession or distribution of alcohol, drugs or' any other intoxicant while on company premises or report- ■ ing to work while under the influence of alcohol, drugs or any other intoxicant
• Harassment or threats toward another person '
• Selling tobacco, alcohol of other dge restricted products to minors
• Selling any product in violation of state or federal law
• Unauthorized use of company property or equipment
• Making false or malicious statements regarding employees, customers, the company or products
• Failing to maintain a license or certificate required for the job, or failing to report an adverse action taken against a license or certificate

(Employment Handbook at 17-18.) Plaintiff contends that he did not engage in any of the activities listed in this section of the Employment Handbook during his employment with CVS. (CompL 14.) The Employment Handbook also contains the following language:

THE CONTENTS OF THIS HANDBOOK ARE GUIDELINES ONLY AND SUPERSEDE ANY PRIOR HANDBOOK. NEITHER THIS HANDBOOK NOR ANY OTHER COMPANY GUIDELINES, POLICIES OR PRACTICES CREATE AN EMPLOYMENT . CONTRACT. THE COMPANY HAS THE RIGHT, WITH [60]*60OR WITHOUT NOTICE, IN AN INDIVIDUAL CASE OR GENERALLY, TO CHANGE ANY OF ITS GUIDELINES, POLICIES, PRACTICES, WORKING CONDITIONS OR BENEFITS AT ANY TIME.
NO ONE IS AUTHORIZED TO PROVIDE AN EMPLOYEE WITH AN EMPLOYMENT CONTRACT OR SPECIAL ARRANGEMENT CONCERNING TERMS OR CONDITIONS OF EMPLOYMENT UNLESS THE CONTRACT OR ARRANGEMENT IS IN WRITING AND SIGNED BY THE PRESIDENT. EMPLOYMENT WITH THE COMPANY MAY BE TERMINATED AT ANY TIME WITH OR WITHOUT CAUSE OR NOTICE BY THE EMPLOYER OR THE COMPANY.

(Employment Handbook at 2.) In addition, employees are required to sign an ac-knowledgement form at the back of the Employment Handbook that reads as follows:

I have received today a copy of the CVS Caremark handbook. I understand that the handbook contains management guidelines only.... I understand that neither this handbook nor any other communication by a management representative, whether oral or written, is intended in any way to create a contract of employment. Since employment with CVS Caremark is voluntarily entered into, I am free to resign at any time. Similarly, the Company may terminate the employment whenever it believes it is appropriate.

(Id. at 54.) According to the Employment Handbook provided by defendant as Exhibit 2 to its motion, plaintiff signed and dated this acknowledgment on June 1, 2009. (Id.)

II. PROCEDURAL HISTORY

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Cite This Page — Counsel Stack

Bluebook (online)
119 F. Supp. 3d 56, 2015 U.S. Dist. LEXIS 110787, 2015 WL 4768817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kunda-v-caremark-phc-llc-nyed-2015.