Petela v. Administrator

365 A.2d 635, 33 Conn. Super. Ct. 119, 33 Conn. Supp. 119
CourtConnecticut Superior Court
DecidedMarch 6, 1974
DocketFILE Nos. 135350, 135451
StatusPublished
Cited by19 cases

This text of 365 A.2d 635 (Petela v. Administrator) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petela v. Administrator, 365 A.2d 635, 33 Conn. Super. Ct. 119, 33 Conn. Supp. 119 (Colo. Ct. App. 1974).

Opinion

Mulvey, J.

The finding of facts by the commissioner reveals the following: The plaintiff was forty-two years of age and was a teacher. He had been employed by the board of education of the town of Branford from September, 1971, to June, 1972. He was paid $14,200 per year as a special education teacher. During the middle of the school year 1971-72, he was transferred from a position in an open classroom with mentally retarded and *120 physically handicapped children to a position in a junior high school. While at that junior high school he was physically assaulted. He filed a complaint hut the bargaining unit for the teachers did not press the grievance. A week and a half prior to the end of the year, he was given the opportunity to cease worldng for the year. In a letter dated June 22, 1972, but received by the board of education on June 19, 1972, the plaintiff submitted his resignation from his position as a teacher in the Branford school system. The commissioner’s finding states that in his letter the plaintiff indicated that he was resigning because he felt that he had lost his image and identification as a teacher, because he felt that he did not know what his role in education was in view of the philosophy of education that the child is the most important subject, because he felt that very little learning could take place unless discipline were maintained, and because he had lost all heart for teaching.

At the hearing before the commissioner, the plaintiff went into great detail concerning his problem, particularly concerning the assault which had required medical attention. The plaintiff felt that his experience in the Branford school system had had an adverse effect on his health.

The commissioner concluded in his finding (1) that the plaintiff resigned for sufficient cause connected with his employment and; (2) that the resignation in this case constituted a discharge or involuntary retirement.

The commissioner decided that § 31-222 (a) (5) (D) (3) (B) of the General Statutes applied “in that certified teachers do not qualify for unemployment compensation benefits except on termination of employment.” (Emphasis added.) The commissioner then went on to hold: “In view *121 of the finding that the . . . [plaintiff’s] employment was involuntarily terminated in this case, he qualified for benefits within the meaning of the law.” (Emphasis added.)

The commissioner reversed the decision of the administrator, who has appealed claiming that the conclusions reached by the commissioner are not legally consistent with the subordinate facts found by him. This court agrees.

It is elementary that remedial legislation such as the Unemployment Compensation Act should receive a reasonably liberal interpretation, free from technicalities not required by the specific language of the statute. Anthony v. Administrator, 158 Conn. 556, 561. Also, this court is well aware that it has only limited jurisdiction to review the commissioner’s finding. General Statutes $ 31-249; 1 Practice Book §§ 435, 437. That is particularly true where, as in this matter, no motion to correct the finding was made. See Practice Book § 438; Samson v. Administrator, 29 Conn. Sup. 316, 317.

This court is then left to determine whether the commissioner acted unreasonably, arbitrarily or illegally. It may not substitute its own conclusions for those of the commissioner. Bartlett v. Administrator, 142 Conn. 497, 505; Stapleton v. Administrator, 142 Conn. 160, 165; Samson v. Administrator, supra, 318.

Section 31-222 (a) (5) (D) (3) (B) reads, as pertinent to this case, as follows: “No provision of this chapter . . . shall apply to . . . certificated teachers, academic supervisory personnel, superintendents and assistant superintendents under contract with or employed by a board of education, *122 public school system, or by or in a school other than an institution of higher education, except on severance of employment.” (Emphasis added.) Thus, by its terms, § 31-222 (a) (5) (D) (3) (B) excludes from eligibility for unemployment compensation benefits certified teachers under contract with, or employed by, a board of education except on severance of that employment. (Emphasis added.)

Our Supreme Court, to the knowledge of this court, has not defined “severance of employment.” But that court has, on a number of occasions, defined “severance pay.” These definitions are helpful. In Willets v. Emhart Mfg. Co., 152 Conn. 487, 490-91, the court said: “Separation pay is not analogous to, nor is it a form of, unemployment compensation. Rather, it is a kind of accumulated compensation for past services and a material recognition of their past value. ... It concerns the past, not the future, and once it is earned, it becomes payable no matter what may thereafter happen.”

In McGowan v. Administrator, 153 Conn. 691, 693, the court said this: “Since, in the connotation of the statute, wages cease when employment does, severance pay cannot be considered wages. . . . Severance pay is a form of compensation for the termination of the employment relation, for reasons other than the displaced employees’ misconduct, primarily to alleviate the consequent need for economic readjustment but also recompense him for certain losses attributable to the dismissal.’ ” See also Mace v. Conde Nast Publications, Inc., 155 Conn. 680, 683.

In Brannigan v. Administrator, 139 Conn. 572, the plaintiff had retired and made application for severance pay available to him under an agreement. The court (p. 575) said: “It suffices to say that *123 notice or dismissal payments are usually associated with a termination of the employment relationship for reasons primarily beyond the control of the employee.”

The thread that seems to run through all of those decisions is that when an employee is “severed” from his employment, the severance appears to be for reasons not of his own doing. It may result from, among other things, a layoff, a closing of the business, or a retirement plan set up by the employer. In other words, the term “severance of employment” appears to be more restrictive than the term “termination of employment.” It is restricted to action initiated by the employer. In discussing those employees not eligible for severance pay it has been said: “Also ineligible for payments should be those who resign or quit their jobs and those who are discharged for self induced dismissal.” 1 Werne, Administration of Labor Contracts § 13.08.

The phrase “termination of employment” was discussed in Sullivan v. Morgan, 160 Conn. 176, 181.

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Ramey v. Fassoulas
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Anonymous v. Hospital (1979-2)
35 Conn. Supp. 112 (Connecticut Superior Court, 1978)

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Bluebook (online)
365 A.2d 635, 33 Conn. Super. Ct. 119, 33 Conn. Supp. 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petela-v-administrator-connsuperct-1974.