Olin v. Prudential Insurance Co. of America

798 F.2d 1, 45 Fair Empl. Prac. Cas. (BNA) 656
CourtCourt of Appeals for the First Circuit
DecidedJuly 29, 1986
DocketNos. 85-1871, 85-1872
StatusPublished
Cited by7 cases

This text of 798 F.2d 1 (Olin v. Prudential Insurance Co. of America) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Olin v. Prudential Insurance Co. of America, 798 F.2d 1, 45 Fair Empl. Prac. Cas. (BNA) 656 (1st Cir. 1986).

Opinion

BREYER, Circuit Judge.

In March 1981 the defendant, Prudential Insurance Company, discharged the plaintiff, Raymond Olin, a Prudential executive. Olin sued Prudential, claiming “breach of contract” and unlawful ‘sex discrimination.’ Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a); Massachusetts Fair Employment Act, Mass.Gen.Laws Ann. ch. 151B. The district court submitted Olin’s “breach of contract" claims to a jury in the form of nine special questions embodying three separate contract theories. The jury found in Olin’s favor on all three theories. The court set aside the jury’s verdict on two of the three theories (granting defendant a judgment n.o.v.); and, in effect, it reduced the damages the jury awarded plaintiff in respect to the third. The court, sitting without a jury, found in defendant’s favor on the ‘sex discrimination’ claims.

These appeals attack the validity of the district court’s decision. The parties raise factually based issues that (with one exception) do not involve any significant general question of law. The plaintiff (Olin) argues that the district court should not have directed verdicts against him on two of his contract' theories because the record contains enough evidence to support the jury’s findings; the defendant (Prudential) says the record does not contain enough evidence to support the jury findings on the third contract theory so the court should have directed a verdict against Olin on that theory as well. Olin also says the evidence supports him on sex discrimination; and (raising one purely legal question) he adds that he was entitled to a jury trial on these latter claims.

As in many record-based appeals of this kind, we have read the.briefs and examined with care those portions of the record that the parties have cited. On the basis of this examination, we conclude that the district court’s decisions are legally correct. Because the appeal lacks general legal significance, we see no reason to set out the facts in detail; they are already well known to the parties. Rather, we shall simply indicate here, for the parties’ benefit, our basic reasons for rejecting their efforts to overturn the district court’s judgment.

I

'Olin’s Breach of Contract Claims

We begin with the contract claims. For purposes of considering these claims, we can assume the following very rough outline of key facts. Olin was head of Prudential’s Northeast Home Office. Olin’s superior, Robert Scales, thought that Olin was doing a poor job and apparently was also concerned about Olin’s personal life. Olin’s wife was going to divorce him, and Olin intended to marry an office employee, Sandy Tyzbir, with whom (Scales had been [3]*3told) Olin had been carrying on a somewhat open love affair. On January 7, 1981, Scales met with Olin, and, according to Olin, their conversation went as follows:

Olin. Mr. Scales said to me that he had talked with Skip Pease [Newark] and that they felt for the better of the Prudential that I be transferred as an agency manager somewhere; that it would be better because of maybe a messy divorce; that I’d be happier.
Then he said to me, “We’ll find you a [great] agency, Ray, one that pays lots of money, one that you’ll be very happy with, one of your choice, and Sandy Tyzbir can join you, if we can find one at a regional home office.”
Q. And what did you say to Mr. Scales at that time?
A. As a loyal Prudential person, I said, “If it is for the better for the Prudential and that is how you feel, and as long as I get a good agency, I’ll agree to this.”

Subsequently, Scales and Clarence (Skip) Pease (the Senior Vice President, Ordinary Agency Department) arranged an opportunity for Olin to take charge of the Houston agency, at a salary that would fluctuate with sales, but which was guaranteed at $81,400 (Olin’s current salary) for at least the first year. On March 16, Scales told Olin he had one day to make up his mind about Houston. A day later Olin turned down the offer, and Scales told Olin he was fired. Thirteen weeks after that Olin found another job with Metropolitan Life Insurance Company (“Metropolitan”) at a salary of $75,000. .

Olin claims that his dismissal violated both an oral contract embodied in the January 7 conversation and Prudential’s termination policy, which (he said) formed part of the terms of his employment. The submitted questions and the jury’s answers about these matters are as follows:

1. Did Mr. Scales or Mr. Pease contractually promise plaintiff that he would be given a managerial job that paid as well as his job as vice president?

Yes X No

you answer question No. 1 Yes, what, if any, were plaintiff’s damages over and beyond, that is to say, after giving credit for, what he received from Metropolitan? $90,000.00 2. If

3. Quite apart from the so-called company policy, to be considered later, did Mr. Scales contractually promise plaintiff that he could stay on as Northeast agency vice president, for a reasonable length of time, in order to be able to choose an agency managership appearing elsewhere, if, in a reasonable time, one did?

Yes X No_

4. If your answer to question 3 is Yes, do you find plaintiff would have obtained a better agency than Houston in a reasonable length of time?

Yes_X_ No_

5. If your answer to question No. 4 is Yes, what were plaintiff’s damages, that is to say, how much, if any, better off would he have been than he was with Metropolitan Life Ins. Co.? $200,000.00

6. Did the plaintiff have a termination policy that was applicable to plaintiff?

7. If your answer to question No. 6 is Yes, was it a general guideline, or a contractual obligation?

(a) Guideline _

(b) Obligation_X_,

8. If your answer to question No. 7 is (b), did defendant fail to substantially perform?

Yes X

No _

9. If you answer question No. 8 Yes, what, if any, were plaintiff’s damages over and beyond, that is to say, after giving credit for, what he received from Metropolitan?

$50,000.00

The district court entered judgment n.o.v. in defendant’s favor (i.e., substituted answers of ‘no’) on questions 1, 4, and 6. It also set aside the jury’s answer of $200,-000 to question 5. Instead it found damages (under question 3) in the amount of $21,604.43. See Fed.R.Civ.P. 49(a) (allowing the court to decide questions not submitted to the jury). We consider the par[4]*4ties’ objections to these court actions in turn.

Question 1

Olin says the district court should have allowed the jury's answer to question 1 to stand. Olin argues:

[T]he jury was manifestly warranted in concluding that Prudential contractually promised Olin that he would be given a managerial job that paid as well as his [current] job as Vice President, Ordinary Agencies, that he would be given a choice of available agencies as they came up and would remain as VPOA until that choice was made (A. 264-265, 274, 437, 1047, 1048).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
798 F.2d 1, 45 Fair Empl. Prac. Cas. (BNA) 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olin-v-prudential-insurance-co-of-america-ca1-1986.