Noonan v. Digital Equipment Corp.

4 Mass. L. Rptr. 631
CourtMassachusetts Superior Court
DecidedJanuary 30, 1996
DocketNo. CA 9301784
StatusPublished
Cited by1 cases

This text of 4 Mass. L. Rptr. 631 (Noonan v. Digital Equipment Corp.) 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
Noonan v. Digital Equipment Corp., 4 Mass. L. Rptr. 631 (Mass. Ct. App. 1996).

Opinion

Dortch-Okara, J.

On November 30, 1995, this court denied defendant’s motion for summary judgment.1 Defendant Digital Equipment Corporation (Digital) now moves this court to clarify its decision as it applies to each count of plaintiffs complaint. For the reasons set forth below, defendant’s motion for summary judgment is DENIED as to count I and is ALLOWED as to Counts II, III, IV, V, and VI.

BACKGROUND

Plaintiff Judith Noonan (Noonan) was hired as an assembler by Digital in May of 1991. In August of 1992, Noonan was injured in a work-related accident. She received full-time workers’ compensation from August of 1992 until February 5,1993, at which time she returned to work 16 hours per week and her workers’ compensation was reduced to part-time. After working for only one week, she informed Digital that she was not ready to continue working, even on a part-time basis, due to psychological problems associated with the accident.

Noonan remained out ofwork until March 12,1993, when she received a letter from her supervisor advising her that she was discharged for absenteeism. After Noonan received the letter, Dennis Noonan, her brother and co-worker at Digital told her that he heard that she was fired. Another co-worker, Brian Shurkus, told her that he heard that she was fired for not properly filling out certain paperwork.

Noonan nevertheless continued to receive workers’ compensation benefits. In June of 1993, Digital attempted to discontinue Noonan’s benefits. However, the Massachusetts Department of Industrial Accidents denied Digital’s request to modify or discontinue benefits. Noonan received full-time benefits until August 31, 1993, when she settled her workers’ compensation claim against Digital.

DISCUSSION

I. The Summary Judgment Standard

Summary Judgment shall be granted where there are no material facts in dispute and the moving party is entitled to judgment as a matter of law. Cassesso v. Commissioner of Correction, 390 Mass. 419, 422 (1983); Community National Bank v. Dawes, 369 Mass. 550, 553 (1976); Mass.R.Civ.P. 56(c). The moving party bears the burden of affirmatively demonstrating the absence of a triable issue, and that the moving party is entitled to judgment as a matter of law. Pederson v. Time, Inc., 404 Mass. 14, 16-17 (1989). Where the party moving for summary judgment does not have the burden of proof at trial, this burden may be met by either submitting affirmative evidence that negates an essential element of the opponent’s case or “by demonstrating that proof of that element is unlikely to be forthcoming at trial.” Flesner v. Technical Communications Corp., 410 Mass. 805 (1991). Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716 (1991). Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a material fact in order to defeat the motion. Pederson, supra at 17.

Where both parties have moved for summary judgment and “in essence there is no real dispute as to the salient facts or if only a question of law is involved,” summary judgment shall be granted to the party entitled to judgment as a matter of law. See Cassesso, supra at 422.

II. Plaintiffs Claims

A. Count I

Count I consists of Noonan’s claim for unlawful termination under G.L.c. 152, §75B(2). Digital argues that Noonan has failed to offer evidence on all elements of her Chapter 152 claim. However, the elements Digital cites are those relating to a Chapter 15 IB discrimination claim. There is no case law to indicate that the prima facie standard of Chapter 15 IB applies to claims arising under Chapter 152. Chapter 152, §75B(2) provides that an employer shall not discharge an employee because the employee has chosen to exercise a right afforded by Chapter 152. G.L.c. 152, §75B(2).2

[632]*632The evidence presented by the plaintiff raises the question of whether her discharge was precipitated by her inability to work due to her work-related injury. Noonan has presented evidence that she was suffering from post-traumatic stress disorder resulting from the accident. While Digital disputes whether Noonan’s disorder was related to the accident, Digital knew of Noonan’s disorder and that she was still receiving workers’ compensation when she was discharged. When a plaintiff alleges a bad-faith discharge while he is receiving workers’ compensation, “the clear inference to be drawn ... is that the plaintiff was discharged in retaliation for filing such a claim.” Ourfalian v. Aro Manuf. Co., 31 Mass.App.Ct. 294, 296-97 (1991). Although Digital states that Noonan was discharged for absenteeism, the inference to be drawn from Noonan’s discharge for absenteeism during a period when she was receiving workers’ compensation is that she was discharged for continuing to pursue her workers’ compensation benefits. Therefore, defendant’s motion for summary judgment on Count I is denied.

B. Counts II & III

Counts II and III of the complaint consist of Noonan claims for libel and slander. Injury to reputation is not the type of injury intended to be compensable under the Workers’ Compensation Act, Foley v. Polaroid Corp., 381 Mass. 545, 551 (1980), and so is not subject to its exclusivity provision. G.L.c. 152, §24.3 However, in order to succeed in a defamation claim, a plaintiff must show that a false statement was made by the defendant. McAvoy v. Shufrin, 401 Mass. 593, 597 (1988) (libel requires ttiat plaintiff show a false and defamatory written communication of and concerning the plaintiff).

“An employer has a conditional privilege to disclose defamatory information involving an employee when the publication is reasonably necessary to serve the employer’s legitimate interest in the fitness of an employee to perform his or her job.” Bratt v. International Business Machines Corp., 392 Mass. 508, 509 (1984). In order for a defendant to lose this conditional privilege, the plaintiff must prove that the defendant at a minimum acted recklessly. Id. at 515-16. Noonan’s libel claim is based solely on a letter that she received from her supervisor stating that she was being terminated due to absenteeism. There is no evidence that the letter was published to a third party. Even if the letter were published to a third party such' as Noonan’s supervisors or coworkers, such disclosure would have served a legitimate business interest, namely explanation of Noonan’s permanent absence.

Similarly, Noonan’s slander claim fails because defendant’s first allegedly slanderous statement was that Noonan was terminated. This statement is true. Truth is a complete defense in an action for slander. Bander v. Metropolitan Life Ins. Co., 313 Mass. 337 (1943).

The second allegedly slanderous statement was that Noonan was terminated for failing to properly complete certain paperwork. To be “defamatory,” a statement must discredit the plaintiff among any “considerable and respectable class of people.” See King v. Globe Newspaper Co., 400 Mass. 705, 718 (1987) (citations omitted).

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Bluebook (online)
4 Mass. L. Rptr. 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noonan-v-digital-equipment-corp-masssuperct-1996.